Birth Injury Attorneys

The advancements in medicine have made childbirth more secure, but there are still risks. Even the smallest of mistakes in medicine can have long-lasting consequences for both the mother and baby.

An attorney for birth injuries can assist you in obtaining damages for your losses. These can include past and future medical expenses in addition to ongoing therapy costs and other monetary damages.

Medical Malpractice

Birth injuries can have devastating consequences that can last for a lifetime. If a medical issue caused the injury, a successful lawsuit can aid parents in achieving an appreciation of justice and seek an amount of money to cover their child's future care needs.

Finding a reputable lawyer is the first step in filing a claim for medical negligence. A skilled birth trauma lawyer will work with medical professionals and examine records to identify potential malpractice. They will also discuss the case with you in detail and answer any questions you may have.

Medical negligence claims can be complicated and involve difficult witnesses. Teams of lawyers are on the side of doctors, hospitals and insurance companies who are trained to reduce or eliminate payments. It is important to find an attorney who is able to tackle these formidable adversaries.

There are four components to a medical malpractice claim duty, breach of duty, causation and damages. An experienced lawyer for birth injuries will work with you to gather evidence and create strong legal arguments in support of each of these elements.

In cases of birth injuries, the first step is to establish that your doctor had an professional relationship with you. This can be accomplished using medical records or hospital bills. The next step is to prove that you are owed the duty by the doctor to exercise the expertise and care from a different medical professional.

Birth Injury

An attorney for birth injuries can assist a family to file a medical malpractice lawsuit against the hospital or doctor that committed an act of negligence during labor and delivery. A successful legal claim may result in financial compensation which can help a family pay for their child's current and future medical expenses, lost wages and emotional trauma.

A skilled attorney for birth injuries will be able to look over the medical records of your child, determine any potential negligence and engage experts to look into the case. These experts are typically other OB/GYN specialists who can give their opinion as to whether malpractice occurred. Once the experts have reviewed your case and your lawyer has reviewed the case, they will be capable of determining who was accountable for the injuries, and then name them as defendants in the lawsuit.

In New York and most other states there is a statute of limitations which sets the deadline for filing claims. 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 period, 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 in the appropriate court to decide whether a jury or a judge will decide the issue. This is a complex process that should be left to an experienced professional.

Medical Records

A medical error during childbirth could result in injuries. It is one of the most thrilling moments. Minor to severe injuries could have a lasting impact on the quality of life and development of a newborn. If you believe that your child suffered an injury at birth due to medical malpractice, you can make a claim for damages for future and past damages.

A medical malpractice case demands the plaintiff to prove that a doctor or nurse breached their duty of medical care. This means that the medical professional failed to conform to the standards of their profession as well as the rest of the medical profession, in light of the education and expertise they have. In general, it will be necessary to engage experts as witnesses to help determine the proper level of care in the case.

Medical malpractice insurance companies understand the utter devastation parents feel after a serious birth accident and have lawyers on their teams who are on call 24/7 to deny or lower payments on claims. It is crucial to speak with an New York birth injuries attorney early enough. By starting the process early, you can avoid the possibility of missing crucial deadlines and jeopardizing your chances of obtaining the maximum amount of compensation.

Insurance

Medical advances have made childbirth much safer however, there are still risks. Doctors and other professionals working in the medical field must be aware of how 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 accountable for negligence and have to pay damages.

Birth injury lawyers can help parents get fair compensation for past and future medical expenses as well as non-economic damages, such as pain and suffering. Their knowledge and experience can be beneficial during settlement negotiations for insurance and in avoiding the aggressive tactics malpractice insurers use to limit payouts. If necessary an attorney may take your case to the court.

Many medical malpractice claims end up in court and this is especially the case for birth injuries. A medical malpractice lawyer can construct a strong claim for compensation by examining medical records of the child and hiring medical experts.

A New York City birth injury lawyer can look over medical documents and request reports as well as diagnostic studies to assess the extent of the injuries and determine the defendants. These could include the obstetrician or nurses, doctors, surgeons and hospitals involved in the delivery and birth. In some states, families are able to apply for a state-sponsored program that will provide an indemnity for children who suffer certain birth injuries, for example brain damage or paralysis.