Birth Injury Attorneys

Although medical advances have made birthing a more secure procedure, it is not without dangers. Even minor medical mistakes can have long-lasting consequences for both baby and mother.

An attorney for birth injuries can help you recover damages for your losses. These can include the past, future and ongoing medical expenses, ongoing treatments expenses and other damages in the form of money.

Medical Malpractice

A birth injury can have devastating consequences that last for a lifetime. A successful lawsuit can help parents obtain justice and recover compensation for the future treatment of their child if a medical mistake caused the injury.

Locating a competent lawyer is the first step in filing a claim for medical negligence. A skilled birth trauma lawyer will work with medical professionals and look over the records to determine whether there is any potential for malpractice. They will also discuss the situation with you in detail and answer any questions you might have.

Medical negligence lawsuits typically require a lot of work and difficult witnesses. Teams of lawyers are on the side of hospitals, doctors, and insurers who are trained to cut or eliminate payments. It is essential to find an attorney who can take on these powerful opponents.

There are four elements to a medical malpractice lawsuit: duty, breach of duty, causation and damages. A skilled birth injury lawyer will assist you to gather evidence and construct strong legal arguments in support of each of these elements.

In a birth injury case, the legal requirement is to prove that your doctor had a professional relationship with you. This could be done with medical documents or hospital bills. It is then important to prove that the doctor has an obligation to perform the procedure with reasonable skill and care that you would expect from a different medical professional in the same situation.

Birth Injury

An attorney for birth injuries could assist a family with filing an action for medical malpractice against the hospital or doctor that committed an act of negligence during labor and delivery. A successful legal case could result in financial compensation to help the family cover their child's medical expenses and future costs, as well as the loss of earnings and emotional trauma.

A skilled birth injury lawyer will know how to review your child's medical records and determine any potential instances of negligence, and also hire experts (often other OB/GYN doctors) to review the case and provide their opinion regarding whether there was malpractice. After the experts have analyzed your case your lawyer will be competent to determine who is responsible for the injuries, and then name them as defendants in the lawsuit.

In the majority of states, including New York, there is an expiration date for filing an injury claim before the court, referred to as the statute of limitations. For birth injury claims, this is typically 30 months or two and a half (2-1/2) years after the malpractice occurred.

During this time, your attorney will negotiate an agreement with your insurance company on behalf of you. If the insurance company refuses to pay a reasonable amount, your attorney will file a complaint in the appropriate court to decide whether a jury or a judge will decide the issue. This is a difficult process that should only be handled by a professional.

Medical Records

The birth injury lawsuit of a baby is among the most exciting occasions in one's life, but it can turn into an incredible nightmare if an error made by a doctor during labor and delivery causes an injury. Minor to severe injuries could cause lasting damage to the quality of life and development of a newborn. If you suspect that your child suffered an injury during birth due to medical negligence, you may make a claim for compensation for past and future damages.

A medical malpractice lawsuit requires the plaintiff to prove that a nurse or doctor breached their duty to care. This means that the medical professional failed to conform to the standards of their profession and that of the medical community in light of the knowledge and training they possess. In general, it is required to involve experts who can help determine the proper standard of care in the case.

Medical malpractice insurance companies are aware of how frightened parents can be after an accident that causes serious injury to the baby and usually have teams of attorneys who are on call 24/7 to deny or reduce payments on claims. It is important to consult with a New York birth injuries attorney immediately. You can avoid missing important deadlines and reduce your chances of getting maximum compensation by starting the process as soon as you can.

Insurance

Medical advances have made childbirth a relatively safe process, but there are still risks. Doctors and other professionals in the medical field must be cautious to avoid making mistakes which could have lasting consequences for both mother and child. If they don't do so, they could be held liable and have to pay damages.

Birth injury lawyers can assist parents get fair compensation for future, past and non-economic injuries like pain and suffering. Their experience is also useful during negotiations with insurance companies, and can help avoid the aggressive tactics that malpractice insurance companies use to reduce the amount of money they pay. If necessary, an attorney can also make your case go to the court.

Birth injury cases are often settled outside of court. However, a knowledgeable medical malpractice lawyer can construct a solid case for compensation by examining the medical records of the child and obtaining medical experts to review them.

An experienced New York City birth injury law firm can review the medical records and request reports and diagnostic studies which analyze the severity of the injuries, as well as identify the defendants. They could include the obstetrician, nurses surgeons, doctors and hospitals involved in the birth and delivery. In some states, families are able to apply to a state-wide program that offers an indemnity for children who suffer certain birth injuries, for example brain damage or paralysis.