Birth Injury Attorneys

Modern medicine has made childbirth safer, however it still comes with risks. Even minor medical mistakes can have long-lasting effects for both baby and mother.

A birth injury attorney can assist you in obtaining damages for your losses. These can include current, future and past costs for medical treatment, ongoing costs, and other financial damages.

Medical Malpractice

A birth injury can have devastating effects that can last for a lifetime. If a medical mistake caused the injury the lawsuit will help parents achieve an understanding of justice, and also seek an amount of money to cover their child's future care needs.

The first step in pursuing an action for medical malpractice is to locate an experienced lawyer. A skilled birth trauma attorney will work with medical experts, and scrutinize the records to discover any potential malpractice. They will also discuss the case in depth with you and answer any questions you have.

Medical negligence claims can be complex and require difficult witnesses. Hospitals, doctors, and insurance companies have lawyers on their side who are trained to deny or decrease payments. It is vital to find a lawyer that can stand up against these powerful adversaries.

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

In a birth injury case, the first step is to establish that your doctor had an professional relationship with you. This could be done by using medical records or hospital invoices. It is then essential to prove that the doctor had a duty to act with reasonable care and skill that you would expect from a medical professional in the same circumstance.

Birth Injury

A birth injury attorney can assist a family to file an action for medical malpractice against the doctor or hospital that acted in negligence during labor and birth. A successful legal action can result in financial compensation to help a family cover the cost of medical treatment for their child as well as future expenses, as well as the loss of wages and emotional trauma.

A experienced birth injury lawyer will be able to examine the medical records of your child, identify any potential acts of negligence and hire experts (often other OB/GYN doctors) to examine the case and provide their opinion regarding whether there was malpractice. Once the experts have reviewed your case your lawyer will be able to determine who was accountable for the injuries and name them as defendants in the lawsuit.

In New York and most other states, there is an statute of limitations that defines the time frame for filing claims. For birth injury claims, this usually is 30 months or two and 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. Your attorney will file a complaint in the appropriate court in the event that the insurance company refuses a reasonable amount. A jury or judge will then decide on the issue. This is a lengthy procedure that should be handled by an experienced professional.

Medical Records

A medical error during childbirth can result in injuries. It's one of life's most exciting moments. Minor to severe injuries can be long-lasting and affect the quality of life and the development of a baby. If you think that your child sustained a birth injury due to medical negligence, you may file a claim to recover compensation for future and past damages.

A medical malpractice claim requires the plaintiff to prove that a nurse, doctor or other healthcare professional acted in violation of their duty to take care of patients. The medical professional has failed to act according to the standards of the profession, and the rest, according to their level of education and experience. In the majority of instances, it is required to employ experts to testify on behalf of the client to determine the proper standard in the case.

Medical malpractice insurance companies are aware of how distraught parents can feel following a serious birth injury and typically have a team of attorneys working 24/7 to reduce or deny payments on claims. It is imperative to consult a New York birth injury attorney whenever you can. You can avoid missing crucial deadlines and reduce your chances of receiving maximum compensation by starting the process as early as possible.

Insurance

Medical advances have made childbirth a relatively safer process, but it still poses risks. Doctors and other professionals in the medical field must be cautious to avoid mistakes that could have long-lasting consequences for both the mother and child. If they do not, they may be held responsible and forced to pay for damages.

Birth injury lawyers can help parents get fair settlements for past and upcoming medical expenses, as well as non-economic damages like pain and suffering. Their expertise can also be helpful during insurance settlement negotiations and in avoiding the aggressive tactics that insurers employ to cut payouts. If necessary an attorney could present your case in the court.

Many medical malpractice cases settle out of court and this is typically true for birth injury cases. However, a skilled medical malpractice lawyer can make a solid case for compensation by reviewing the medical records of the child and obtaining medical experts review them.

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