Birth Injury Attorneys

Although medical advances have made birthing a safer process, it still has dangers. Unfortunately, even small mistakes made during birth can have lasting consequences for both the mother and baby.

A lawyer for birth injuries can help you recover damages. These could include future, past and ongoing costs for medical treatment, ongoing costs and other monetary damage.

Medical Malpractice

Birth injuries can have devastating consequences that last for a lifetime. A successful lawsuit can help parents obtain justice and recover compensation for the future care of their child in the event that an error in medicine caused the injury.

The first step in pursuing a medical malpractice claim is to locate a seasoned lawyer. An experienced birth trauma lawyer will collaborate with medical experts, and scrutinize the records to discover any potential malpractice. They will also be able to answer all your questions and discuss the case thoroughly with you.

Medical negligence claims can be complicated and involve difficult witnesses. Teams of lawyers are on the side of hospitals, doctors and insurance companies, who are trained to reduce or eliminate payments. It is important to locate a lawyer who has the ability to fight these formidable adversaries.

There are four parts to a medical malpractice lawsuit: duty, breach of duty, causation, and damages. An experienced birth injury lawyer will work with you to collect evidence and construct strong legal arguments in support of each of these elements.

In the case of a birth injury, the duty element is to prove that you had a professional relationship with your doctor and yourself. This can be done using medical records or hospital bills. It is then necessary to establish that the doctor had the duty to perform his duties with reasonable care and skill that you would expect from a medical professional in the same situation.

Birth Injury

A birth injury lawyer can help a family file an action for medical malpractice against the doctor or hospital who acted with negligence during labor and delivery. A successful legal action may result in financial compensation that can assist a family with their child's future and current medical expenses, lost wages and emotional trauma.

A skilled birth injury attorney can review the medical records of your child, determine any possible acts of negligence and employ experts to investigate the case. Experts are usually other OB/GYN specialists who can give their opinion as to whether malpractice was involved. After the experts have examined the case, your lawyer can determine who is responsible for the injuries. They will then identify them as defendants.

In all states including New York, there is a deadline for filing an injury claim with the court, known as the statute of limitations. For birth injury claims, it is usually 30 months or two and one-half (2-1/2) years after the medical malpractice occurred.

During this time your attorney will negotiate with your insurance company to negotiate a settlement on your behalf. If the insurance company refuses to pay a reasonable amount, your attorney will file a suit in the appropriate court to get a jury and judge to decide the matter. This is a complicated process that should be left to an experienced professional.

Medical Records

A medical mistake during childbirth can result in an injury. It is one of the most thrilling moments. The injuries can range from minor to severe and often have lasting impact on the development of a newborn and quality of life. If you believe your child was injured during birth due to negligence by a medical professional, you can claim compensation.

A medical malpractice case demands that the plaintiff prove that a physician, nurse or other healthcare professional acted in violation of their duty of care. The medical professional has failed to act according to the standards of the profession, and also the rest is based on their training and expertise. In most instances, it is required to engage experts who are able to establish the appropriate standard in the case.

Medical malpractice insurers are aware of how devastated parents can be following an unfortunate birth injury, and they have legal teams that dedicate their time to stop or reduce payments on claims. It is crucial to talk with an New York birth injuries attorney as soon as you can. You can avoid missing important deadlines and reduce your chances of recovering maximum compensation by beginning the process as soon as you can.

Insurance

Medical advances have made childbirth relatively safer but there are risks. Doctors and other professionals working in the medical field must take care to avoid errors which could have lasting consequences for both the mother and the child. If they fail to do so, they can be held responsible for negligence and have to pay damages.

Birth injury lawyers can assist parents get fair compensation for their past and future medical expenses, as well as non-economic damages such as pain and suffering. Their expertise is also helpful when negotiating settlements with insurance companies and could help avoid aggressive tactics malpractice insurers employ to decrease the amount of money they pay. If necessary an attorney is needed, they can present your case in the court.

Many medical malpractice claims are settled out of court and this is typically the case for birth injuries. A medical malpractice lawyer can create a solid case for compensation by reviewing medical records of the child, and hiring medical experts.

An experienced New York City birth injury law firm can review the medical records and request diagnostic studies and reports that evaluate the severity of the injuries and also identify the defendants. This could include the obstetrician, surgeons, nurses and doctors involved in the delivery or birth injury lawsuits, as well as the hospitals. In certain states, parents can apply for a state program that pays compensation to children who suffer certain birth injuries such as brain damage or paralysis.