Birth Injury Attorneys

Medical advances have made childbirth safer, but it still comes with risks. However, even minor mistakes in medicine can have long-lasting consequences for the baby and mother.

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

Medical Malpractice

A birth injury could have devastating effects that can last a lifetime. If a medical error caused the injury an effective lawsuit could help parents achieve an appreciation of justice and obtain the financial compensation their child will need for future needs for care.

Locating a competent lawyer is the first step to filing a claim for medical malpractice. A good birth trauma lawyer will work with medical professionals and examine documents to determine if there is a possibility of malpractice. They will also discuss the case in depth with you and answer any questions you may have.

Medical negligence claims can be complex and require difficult witnesses. Doctors, hospitals as well as insurance companies have lawyers on their side, who are trained to deny or reduce the amount paid. It is important to find an attorney that can fight these powerful adversaries.

A medical malpractice lawsuit has four components: duty, breach, causation and damages. A birth injury lawyer who is experienced will help you collect evidence and construct strong legal arguments that support each of these elements.

In cases of birth injuries, the first step is to establish that your doctor had an official relationship with you. This could be accomplished through medical documents or hospital bills. The next step is to establish that you were required to fulfill an obligation by the doctor to perform the care and skill from a different medical professional.

Birth Injury

A birth injury lawyer can assist families file an action for medical malpractice against a doctor or hospital who erred during labor and delivery. A successful legal action can result in financial compensation to help the family pay for their child's medical expenses and future expenses, in addition to lost earnings and emotional trauma.

A seasoned birth injury lawyer will be able review the medical documents of your child's medical records, identify any possible negligence and engage experts to examine the case. Experts are usually other OB/GYN physicians who can give their opinion on whether malpractice was involved. After the experts have examined the case, your lawyer can determine who is accountable for the injuries. They will then identify the defendants.

In New York and most other states, there is a statute of limitations which sets the deadline for filing claims. This usually is 30 months or 2 1/2 years following the incident.

During this time your attorney will be working with your insurance company to negotiate a settlement on your behalf. Your attorney will file a lawsuit in the appropriate court if the insurance company does not agree to a reasonable amount. A jury and judge will then decide on the issue. This is a complex process that should be handled by a trained professional.

Medical Records

The birth of a child is among the most exciting events in one's life, but it can become a nightmare if a medical mistake during labor and delivery results in an injury. Minor to severe injuries could have a long-lasting impact on the quality of life and development of a newborn. If you suspect that your child has suffered a birth-related injury due to medical negligence, you can make an action to seek compensation.

A medical malpractice claim requires the plaintiff to show that a nurse or doctor breached their duty to care. This means that the medical professional failed to comply with the standards of their field and of the medical profession, based on the level of knowledge and training they have. In general, it will be necessary to get experts as witnesses to assist in determining the proper standard of care in the case.

Medical malpractice insurance companies understand how devastated parents can be following a serious birth accident and have lawyers on their teams who work full-time to deny or reduce the amount on claims. As such, it is imperative to consult a New York birth injury attorney as soon as possible. By contacting them early, you can reduce the possibility of missing crucial deadlines and ruining your chances of obtaining the maximum amount of compensation.

Insurance

Medical advances have made childbirth a more secure process, however it still has risks. Medical professionals and doctors must act with care to avoid making mistakes which could have lasting consequences for the mother and child. If they fail do so, they could be held responsible and forced to pay for damages.

Birth injury lawyers can help parents receive fair compensation for future, past and non-economic losses like suffering and pain. Their knowledge and experience can be beneficial during settlement negotiations for insurance claims and in avoiding the abrasive strategies that insurance companies employ to decrease payouts. If necessary, an attorney can also take your case to the court.

Birth injury cases are usually settled outside of court. However, a knowledgeable medical malpractice attorney can build a strong case to recover compensation by reviewing the medical records of the child and obtaining medical experts look them over.

An experienced New York City birth injury law firm will review the medical records and request diagnostic and reports that evaluate the severity of the injuries and also identify the defendants. They could be the obstetrician and nurses, doctors, surgeons and hospitals that were involved in the birth and delivery. In certain states, families are able to apply to a state-wide program that will provide an indemnity for children who suffer from certain birth injuries, including brain damage or paralysis.