Birth Injury Attorneys

Modern medicine has made childbirth safer, but it's not without risks. Even minor medical mistakes can have long-lasting effects for both the mother and baby.

A birth injury attorney can help you recover damages for your losses. These could include current, future and past costs for medical treatment, ongoing costs, and any other monetary damages.

Medical Malpractice

A birth injury can result in devastating effects that last for a lifetime. A successful lawsuit could help parents gain justice and obtain compensation for the future care of their child, if an error in medical care caused the injury.

The first step to pursue the medical malpractice claim is to locate a seasoned lawyer. A good birth trauma lawyer will collaborate with medical professionals, and will examine the records to determine whether there is any potential for malpractice. They will also discuss the case in depth with you and answer any questions you may have.

Medical negligence claims can be complicated and involve difficult witnesses. Hospitals, doctors, and insurance companies have lawyers on their side, who are trained to deny or decrease payments. It is important to find an attorney who can tackle these formidable adversaries.

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

In a case of birth-related injury the legal requirement is to establish that you had a professional relationship with your doctor and you. This can be accomplished by using medical documents or hospital invoices. The next step is to establish that you were owed the duty by the doctor to act with the competence and professionalism by a medical professional.

Birth Injury

A birth injury lawyer can help a family file a medical malpractice lawsuit against the hospital or doctor who committed negligence during labor and delivery. A successful legal action could result in financial compensation that could help a family pay for their child's present and future medical expenses, lost wages and emotional trauma.

A competent birth injury lawyer will know how to look over your child's medical records and determine any potential instances of negligence and employ experts (often other OB/GYN physicians) to review the case and give their opinion on whether malpractice occurred. After the experts have analyzed the case, the lawyer will determine who is accountable for the injuries. They will then identify them as defendants.

In New York and most other states there is a statute of limitations that specifies the deadline for filing a claim. For birth injury claims, this usually is 30 months or two and one-half (2-1/2) years following the time that the medical malpractice occurred.

During this period during this time, your attorney will negotiate an agreement with your insurance company on your behalf. Your attorney will file a suit in the appropriate court if the insurance company does not agree to a reasonable amount. A judge and jury will then decide on the issue. This is a lengthy process that should only be handled by an experienced professional.

Medical Records

The birth of a child is among the most exciting events in a person's lifetime however, it can also turn into an incredible nightmare if an error made by a doctor during labor or delivery causes an injury. Injuries can range from minor to major, and they can have long-lasting impacts on a baby's development and quality of life. If you believe that your child is suffering from 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 nurse, doctor or other healthcare professional violated their duty of take care of patients. This means that the medical professional did not conform to the standards of their profession and the rest of the medical profession, depending on the level of education and experience they possess. Generally, it will be essential to have experts as witnesses to help establish the appropriate standards of care in the case.

Medical malpractice insurance companies are aware of how distraught parents can be after an injury to their child that is serious and have a team of lawyers working 24/7 to deny or reduce payments on claims. Therefore, it is important to talk with a New York birth injury attorney as soon as possible. You can avoid missing crucial deadlines and reduce your chances of receiving maximum compensation by starting the process as early as you can.

Insurance

Medical advances have made childbirth a more secure process, however it still poses risks. Medical professionals and doctors should be careful to avoid making mistakes that could result in permanent consequences for the mother and baby. If they fail to do so take care, they could be held responsible for negligence and must pay damages.

Birth injury lawyers can help parents get fair compensation for future, past and non-economic damages such as pain and suffering. Their experience is also beneficial during insurance settlement negotiations, and could help avoid aggressive tactics malpractice insurers employ to cut the amount of money they pay. If necessary an attorney is needed, they can take your case to the court.

A lot of medical malpractice claims are settled out of court which is usually the case with birth injuries. A medical malpractice lawyer can make a solid case for compensation by examining medical documents of the child and hiring medical experts.

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