Birth Injury Attorneys

Although medical advances have made birthing a safer process, it still has dangers. Unfortunately, even the tiniest of medical errors can have lifelong consequences for both mother and baby.

A birth injury lawyer can help you recover damages for your losses. This could include past and future medical expenses as well as ongoing therapy costs and other damages in the form of money.

Medical Malpractice

A birth injury can result in devastating consequences that can last for the rest of your life. A successful lawsuit can help parents obtain justice and secure compensation for the future care of their child in the event that a medical mistake caused the injury.

The first step in pursuing a medical malpractice claim is to find a skilled lawyer. A reputable birth trauma lawyer will work with medical experts, and scrutinize documents to find any possible malpractice. They will also discuss the case in depth with you and answer any questions you might have.

Medical negligence claims can be complicated and involve difficult witnesses. Teams of lawyers are on the side of doctors, hospitals, and insurers who are trained to cut or eliminate payments. It is essential to find a lawyer that can defend these powerful adversaries.

A medical malpractice lawsuit has four components: duty, breach, causation and damages. A seasoned birth injury lawyer will work with you to gather evidence and construct strong legal arguments to support 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. The next step is to establish that you were required to fulfill a duty by the doctor to exercise the competence and professionalism by a medical professional.

Birth Injury

A birth injury lawyer can assist a family bring a medical malpractice lawsuit against a hospital or doctor who erred during labor and birth. A successful legal claim can result in financial compensation to help the family pay for the medical costs of their child and future costs, as well as lost earnings and emotional trauma.

A skilled birth injury attorney will be able review the medical documents of your child, pinpoint any possible acts of negligence and then hire experts to investigate the case. These experts are often other doctors in the field of OB/GYN who are able to give their opinion on whether malpractice took place. After the experts have examined your case, your lawyer will be in a position to determine who was responsible for the injuries and name them as defendants in the lawsuit.

In New York and most other states there is a statute of limitations which defines the time frame for filing claims. This usually is 30 months or 2 1/2 years after the incident.

During this period, your attorney will negotiate an agreement with your insurance company on behalf of you. 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 issue. This is a complicated procedure that should be left to an experienced professional.

Medical Records

A medical mistake during childbirth may result in an injury. It's one of the most thrilling moments. The injuries can range from minor to severe, and can have lasting consequences for a newborn's growth and quality of life. If you believe your child has suffered a birth-related injury due to medical negligence, you may claim compensation.

A medical malpractice case demands that the plaintiff prove that a nurse, doctor or other healthcare professional acted in violation of their duty to take care of patients. This means that the medical professional failed to act in accordance with the standards of their profession as well as the rest of the medical community, according to the level of education and experience they possess. In most instances, it's necessary to find experts who are able to determine the proper standards in the case.

Medical malpractice insurers are aware of the utter devastation parents feel after a birth injury that is serious, and they have lawyers on their teams who work full-time to stop or reduce payments on claims. As such, it is important to talk with a New York birth injury attorney as soon as you can. You can avoid missing important deadlines and reduce your chances of obtaining maximum compensation by beginning the process as early as you can.

Insurance

The advancements in medicine have made childbirth much safer however, there are still dangers. Doctors and other medical professionals in the field must take care to avoid making mistakes that could result in long-lasting harm for both the mother and the child. If they fail to do so, they can be held responsible for negligence and must pay damages.

Birth injury lawyers can help parents receive fair compensation for past, future and non-economic damages like pain and suffering. Their experience also helps during insurance settlement negotiations and in avoiding the abrasive tactics that insurers employ to reduce payouts. A lawyer may also take the case to trial if necessary.

Many medical malpractice claims go to court without trial and this is especially applicable to birth injury cases. A medical malpractice lawyer can make a solid claim for compensation by reviewing medical records of the child and hiring medical experts.

A seasoned New York City birth injury law firm can look over the medical records and request diagnostic studies and reports that analyze the extent of the injuries and also identify the defendants. This could include the obstetrician and surgeons, nurses, and doctors involved in the delivery or birth, as well as the hospitals. In some states, parents are able to apply for a state program that pays compensation to children who suffer from certain birth injuries, including brain damage or paralysis.