Birth Injury Attorneys

Although medical advances have made birthing a safer procedure, it is not without dangers. Even small medical errors could have long-lasting consequences for both mother and baby.

An attorney for birth injuries will help you obtain damages for your losses. This can include past and future medical expenses as well as ongoing therapy costs and other financial damages.

Medical Malpractice

A birth injury can cause devastating effects that last for a lifetime. If a medical error led to the injury, a successful lawsuit can help parents attain an understanding of justice, and also seek the financial compensation their child will need for future care needs.

The first step to pursue a medical malpractice claim is to find an experienced lawyer. A skilled birth trauma lawyer will collaborate with medical professionals and look over documents to determine if there is a possibility of malpractice. They will also be able to answer all your questions and discuss the case in depth with you.

Medical negligence claims often have complicated issues and difficult witnesses. Doctors, hospitals and insurance companies all have teams of lawyers on their side, who are trained to refuse or reduce the amount of compensation. It is essential to find an attorney who can take on these powerful opponents.

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

In a birth-injury case the primary requirement is to establish that you had a professional relationship between your doctor and yourself. This can be accomplished using medical records or hospital bills. The next step is to prove that you were required to fulfill a duty by the doctor to perform the expertise and care from a different medical professional.

Birth Injury

An attorney for birth injuries can help a family file an action for medical malpractice against the doctor or hospital who acted with negligence during labor and delivery. A successful legal action can result in financial compensation that helps families pay for the cost of medical treatment for their child as well as future expenses, as well as lost earnings and emotional trauma.

A skilled attorney for birth injuries will be able review the medical documents of your child, identify any potential negligence and then hire experts to examine the case. These experts are typically other OB/GYN physicians who can offer their opinions on the extent of malpractice. After the experts have analyzed your case, your lawyer will be in a position to determine who was accountable for the injuries and naming them as defendants in the lawsuit.

In all states, including New York, there is a deadline to file an injury claim before the court, referred to as the statute of limitations. For birth injury claims, this is typically 30 months or two and two and a half (2-1/2) years after the incident of medical malpractice.

During this period the attorney will negotiate a settlement with your insurance company on behalf of you. If the insurance company is unwilling to pay a reasonable amount, your attorney will file a lawsuit with the appropriate court to make a jury and a judge decide the issue. This is a complex procedure that should be handled by a professional.

Medical Records

A medical error during childbirth can cause injuries. It's one of the most thrilling moments. Injuries can range from minor to serious, and they can have long-lasting impact on the development of a newborn and quality of life. If you suspect that your child sustained a birth injury due to medical malpractice, you can make a claim for the compensation you owe for past and future damages.

A medical malpractice case demands that the plaintiff prove that a physician, nurse or other healthcare professional acted in violation of their duty of provide care. This means that the medical professional failed to follow the standards of their profession and that of the medical community according to the level of education and experience they possess. In most instances, it is required to engage experts who are able to determine the proper standards in the case.

Medical malpractice insurers are well aware of how distraught parents can be after an injury to their baby and have teams of attorneys working 24/7 to stop or reduce the amount of money they pay on claims. It is crucial to speak with an New York birth injuries attorney as soon as you can. By beginning the process in the early stages, you will not run the possibility of not meeting crucial deadlines, and thus compromising the chance of recovering the maximum amount of compensation.

Insurance

The advancements in medicine have made childbirth a relatively safer process, but it still has risks. Doctors and other professionals in the medical field must be careful to avoid making mistakes that could cause long-lasting damage for both the mother and the child. If they don't, they may be held responsible and forced to pay damages.

Birth injury lawyers can help parents receive fair compensation for future, past and non-economic damages such as pain and suffering. Their experience is also beneficial when negotiating settlements with insurance companies and can assist in avoiding the aggressive tactics that malpractice insurance companies employ to reduce payouts. If necessary, an attorney can also take your case to court.

A lot of medical malpractice claims are settled out of court and this is especially the case for birth injuries. But a skilled medical malpractice attorney can build a convincing case to recover compensation by reviewing the child's medical records and hiring medical experts to look them over.

A seasoned New York City birth injury law firm can examine the medical records and request diagnostic and reports that evaluate the severity of the injuries, and also identify the defendants. This could include the obstetrician as well as nurses, doctors and surgeons involved in the delivery or birth as well as hospitals. In certain states, parents may apply for a state-sponsored program that compensates children who suffer from certain birth injuries, including brain damage or paralysis.