Birth Injury Attorneys

A birth injury attorney can assist you in filing an action for medical malpractice against a negligent obstetrician, nurse or hospital. They will ask for medical records to determine if there was malpractice, and consult with experts to review the case.

Even minor medical errors during birth can result in severe and preventable injuries requiring years of treatment. Families can be compensated for these expenses through a successful legal claim.

Proving Negligence

A birth injury lawyer can help you file legal claims, recover damages, hold medical professionals who are negligent accountable. This type of lawsuit falls under the personal injury or medical negligence law, and requires a thorough investigation as well as expert witness testimony and a court trial. Evidence will be required to show that the defendants did not fulfill their duty of care and caused harm to your child.

A knowledgeable and experienced lawyer can put together a strong case to prove negligence. They will prove that the medical professional was not acting in accordance to the generally accepted practices of the community for professionals who have their level of training and expertise and that his inaction caused your child's injuries. Your attorney can help locate a medical professional who can establish the standard of care.

Families who suffer from a birth injury can be confronted with severe financial and emotional stress. Long-term medical costs and therapy to help a child recover can drain savings of a family. An experienced birth injury attorney will review your family's financial situation and the needs of your family's lifetime to negotiate a settlement that covers the costs. They can also negotiate with insurance companies and their lawyers to avoid settlements that are too low. They can also request medical records and ensure that they are not lost or altered.

Collecting Evidence

While medical advances in childbirth have made it more secure than ever before, both parents and infants are at risk during each birth. New York law requires obstetricians and other medical professionals who attend the birth to take reasonable care and avoid mistakes which could cause long-lasting or even permanent consequences. If they do not follow this, they could be held liable for an action seeking financial compensation.

Making a convincing argument is essential. A good birth injury lawyer will collaborate with a team of experts to study medical records as well as diagnoses, treatments and other evidence in order to determine whether the doctors breached the standards of their profession's care. This is the foundation of an effective lawsuit.

If the actions of a doctor resulted in the victim suffering a serious injury, we will seek damages for future and past medical expenses, loss of income and emotional distress as well as other losses. We will also seek compensation to pay for any additional expenses that you have incurred or are likely to have to pay in the near future, for the care of your child. This includes therapy sessions and educational programs.

During the litigation it is not unusual for the defendants or their insurance companies to try to blame others or to misrepresent small details. A skilled attorney knows how to defy these attempts to ensure that the verdict accurately reflects the responsibilities of the medical provider.

Preservation of Evidence

The most important aspect to take in a medical malpractice lawsuit is to collect and preserve evidence. This includes eyewitness testimony, photographs, statements, and expert testimony.

Your lawyer can help you gather the evidence required to demonstrate negligence and assist you to create a convincing case for compensation. They can also save evidence to be used in court and ensure that the case is in compliance with legal requirements.

When medical professionals fail in their duties of care, patients can suffer severe injuries and losses. Birth injury lawyers can assist you to ensure that medical professionals are held accountable and seek compensation for life-long expenses for care and income loss. They can also help you with emotional distress and other damages.

Once the initial meeting is finished the attorney will have a better sense of whether they believe you have a good chance of winning your lawsuit and can offer suggestions for how to proceed. In addition, they can review your case and start the process of getting medical records and making arrangements for experts to provide their opinion on the claim.

Your lawyer will manage all correspondence with insurers and oversee the claims process to keep you from missing deadlines. They can also help you negotiate an appropriate settlement that is a reflection of your damages. They can also fight insurers who try to entice you into accepting lowball deals. If a settlement cannot be reached, they can make a claim to put pressure on the insurers.

Filing a Lawsuit

In pursuing the medical professional who caused the child's injury could aid in obtaining compensation to cover lifetime care expenses and losses. Unfortunately medical malpractice claims can be complicated and time consuming. A good lawyer will take care of your case and will communicate with the insurers to delay delays.

Your lawyer must demonstrate that your doctor was obligated to you by a duty of care and that he or her breached that duty, and that your child suffered harm as a consequence of the breach. This requires collaborating with a group of medical experts to define the standard of care, and how your doctor fell short of this standard.

In addition to nurses and doctors in addition to midwives, they could also be defendants in birth injury lawsuits. Some midwives are licensed and trained professionals who can help with normal pregnancy. However, New York law requires that they transfer care to an obstetrician if complications occur during delivery, or if the risk assessment indicates that the mother is at a high risk.

A birth injury attorney will help you develop an evidence-based case and obtain expert witnesses to back up your claim. Most birth injury attorneys work on a contingency basis. This means that they finance all costs associated with your case and only get paid if they successfully get compensation for you. The percentage of contingency fees varies from 33%-40% of the total settlement.