Birth Injury Attorneys

The advancements in medicine have made childbirth safer, but there are still risks. Even the smallest of mistakes made during birth can have lasting consequences for the baby and mother.

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

Medical Malpractice

Birth injuries can have devastating effects that last for a lifetime. If a medical issue caused the injury an effective lawsuit could help parents attain an appreciation of justice and recover the financial compensation their child will need for future healthcare needs.

The first step to pursue an action for medical malpractice is to find a skilled lawyer. A reputable birth trauma lawyer will work with medical experts and examine the records to discover any potential malpractice. They will also answer all your questions and discuss the case in detail with you.

Medical negligence cases can be complicated and involve difficult witnesses. Teams of lawyers are on the side of doctors, hospitals and insurance companies that are trained to cut or stop payments. It is essential to find an attorney who can tackle these formidable adversaries.

There are four parts of a medical negligence claim the breach of duty, causation and damages. A birth injury lawyer who is experienced can assist you in gathering evidence and build strong legal arguments to back 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 could be done by using medical records or hospital invoices. The next step is to prove that you were legally obligated to perform an obligation by your doctor to act with the skill and care expected of another medical provider.

Birth Injury

A birth injury lawyer can assist a family bring an action for medical malpractice against a doctor or hospital who was negligent during labor and delivery. A successful legal case could result in financial compensation to help a family cover the cost of medical treatment for their child as well as future costs, as well as lost wages and emotional trauma.

A competent birth injury lawyer will know how to review the medical records of your child and identify any possible acts of negligence, and also hire experts (often other OB/GYN doctors) to look over the case and provide their opinion regarding whether there was malpractice. After the experts have reviewed the case, your lawyer will 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 that defines the time frame for filing claims. For birth injury claims, this is usually 30 months or two and a half (2-1/2) years after the malpractice occurred.

During this time the attorney will negotiate an agreement with your insurance company on your behalf. If the insurance company refuses to pay a reasonable amount, your attorney will file a lawsuit with the appropriate court to have a judge and jury decide on the matter. This is a complex process that should only be handled by an experienced professional.

Medical Records

The birth of a baby is among the most exciting moments in a person's life however, it can also turn into a nightmare if an error by a doctor during labor and delivery causes an injury. Minor to severe injuries could cause lasting damage to the quality of life and development of a newborn. If you believe that your child sustained an injury during birth due to medical malpractice, you can file a claim to recover damages for future and past damages.

A medical malpractice lawsuit demands the plaintiff to prove that a doctor or nurse violated their duty of care. This means that the medical professional failed to comply with the standards of their field and of the medical community, based on the level of training and knowledge that they have. Generally, it will be necessary to engage experts as witnesses to assist in determining the proper standards of care in the case.

Medical malpractice insurance companies know the utter devastation parents feel after an accident that has left them devastated and have legal teams that are on call 24/7 to reduce or deny payments on claims. It is crucial to speak with an New York birth injuries attorney early enough. If you begin the process early, you can avoid the possibility of missing crucial deadlines and ruining the chance of recovering maximum compensation.

Insurance

Medical advances have made childbirth a relatively more secure process, however it still has risks. Doctors and other professionals working in the medical field must be aware of how to avoid mistakes that could cause long-lasting damage for both the mother and the child. If they don't do so, they may be held liable for negligence and have to pay damages.

Birth injury lawyers can assist parents obtain fair compensation for past, future and non-economic damages such as suffering and pain. Their expertise can also be helpful during settlement negotiations with insurance companies and in avoiding the aggressive tactics that insurers employ to cut payouts. A lawyer may also bring the case to trial should it be necessary.

A lot of medical malpractice claims are settled out of court and this is especially the case for birth injuries. A medical malpractice lawyer can construct an effective claim for compensation by examining medical records of the child and hiring medical experts.

A New York City birth injury lawyer can examine medical records and request reports, as well as diagnostic tests to evaluate the extent of injuries and identify the defendants. They could be the obstetrician, nurses, surgeons, doctors and hospitals involved in the birth and delivery. In some states, families can apply for a state-sponsored program that provides an indemnity for children suffering from certain birth injuries, including brain damage or paralysis.