Birth Injury Attorneys

While advances in medicine have made birthing a more secure process, it still has dangers. Even small medical errors can have long-lasting consequences for both the mother and baby.

A lawyer for birth injuries can help you recover damages. This could include future and past medical expenses, ongoing therapy costs and other monetary damages.

Medical Malpractice

A birth injury can result in devastating consequences that last for a lifetime. If a medical error led to the injury and a successful lawsuit could help parents attain an appreciation of justice and seek the financial compensation they need to meet their child's future medical needs.

Finding a reputable lawyer is the first step in making a claim against medical negligence. A reputable birth trauma lawyer will collaborate with medical professionals and look over documents to determine if there is a possibility of malpractice. They will also answer all your questions and discuss the case in depth with you.

Medical negligence lawsuits are often complicated and require difficult witnesses. Teams of lawyers are on the side of doctors, hospitals and insurance companies, who are trained to limit or even deny payment. It is important to find a lawyer who is able to stand up against these powerful adversaries.

There are four elements of a medical negligence claim the breach of duty, causation, and damages. A seasoned birth injury lawyer will assist you to collect evidence and create strong legal arguments to support each of these elements.

In a birth-injury case the main requirement is to prove that you had a professional relationship between your doctor and yourself. This can be done using medical records or hospital invoices. The next step is to establish that you were legally obligated to perform a duty by the doctor to perform the care and skill of another medical provider.

Birth Injury

A birth injury lawyer can assist the family file an action for medical malpractice against a medical professional or hospital who acted negligently during labor and delivery. A successful legal action may result in financial compensation which can aid a family in paying for their child's present and future medical expenses, lost wages and emotional trauma.

A skilled birth injury lawyer will know how to go through the medical records of your child, identify any potential acts of negligence, and also hire experts (often other OB/GYN doctors) to examine the case and give their opinion on the possibility of malpractice. After the experts have looked over your case your lawyer will be competent to determine who is accountable for the injuries and name them as defendants in the lawsuit.

In New York and most other states there is a statute of limitation that stipulates the deadline to file an action. For birth injury claims, it is usually 30 months or two and a half (2-1/2) years after the incident of medical malpractice.

During this time your attorney will work with your insurance company to negotiate an agreement on your behalf. If the insurance company is unwilling to pay a fair amount, your lawyer will file a lawsuit with the appropriate court to have a judge and jury decide on the matter. This is a difficult procedure that should only be handled by a professional.

Medical Records

The birth of a baby is among the most exciting occasions in the life of a person but it can also be a terrifying nightmare if an error by a doctor during labor and delivery results in an injury. Injuries that range from minor to severe can be long-lasting and affect the quality of life and the development of a baby. If you believe that your child has suffered a birth-related injury due to medical negligence, you may bring an action to recover compensation.

A medical malpractice case requires that the plaintiff prove that a physician, nurse or any other healthcare professional breached their duty of take care of patients. This means that the medical professional failed to comply with the standards of their field and of the medical community based on the level of knowledge and training they possess. In general, it is necessary to engage experts as witnesses to help determine the proper standards of care in the case.

Medical malpractice insurance companies are aware of how overwhelmed parents can feel following an injury to their child that is serious and typically have a team of attorneys working full time to block or limit payments on claims. It is important to consult with an New York birth injuries attorney as soon possible. If you begin the process early, you will avoid the risk of missing crucial deadlines and thereby reducing the chance of recovering maximum compensation.

Insurance

The advancements in medicine have made childbirth a relatively safe process, but it still has risks. Medical professionals and doctors should be careful to avoid making mistakes which could have lasting consequences for both the mother and baby. If they fail to do so then, they could be held accountable for negligence and have to pay damages.

Birth injury lawyers can help parents receive fair compensation for past, future and non-economic damages such as suffering and pain. Their expertise can also be helpful during insurance settlement negotiations and in avoiding the aggressive tactics used by insurers to reduce payouts. If needed an attorney could make your case go to the court.

birth injury Law firms injury cases are typically resolved out of court. A medical malpractice lawyer can build a solid claim for compensation by reviewing medical documents of the child and hiring medical experts.

A seasoned 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. This could include the obstetrician as well as surgeons, nurses, and doctors involved in the birth or delivery as well as hospitals. In certain states, parents may apply for a state program that provides compensation to children who suffer from certain birth injuries, such as brain damage or paralysis.