Birth Injury Attorneys

Although medical advances have made birthing a safer process, it still has risks. Unfortunately, even the tiniest of mistakes made during birth can have lasting consequences for both mother and baby.

A lawyer for birth injuries can assist you in recovering damages. This can include current, future and past costs for medical treatment, ongoing costs, and any other monetary damages.

Medical Malpractice

A birth injury can have devastating consequences that last a lifetime. A successful lawsuit can help parents obtain justice and secure compensation for the future treatment of their child if an error in medical care caused the injury.

Locating a competent lawyer is the first step in making a claim against medical malpractice. A reputable lawyer for birth trauma will work with medical professionals and review the records to determine whether there is any potential for malpractice. They will also be able to answer all your questions and discuss the case thoroughly with you.

Medical negligence claims can be complex and require difficult witnesses. Doctors, hospitals, and insurance companies have lawyers on their side, who are trained to refuse or decrease payments. It is important to find a lawyer who is able to take on these powerful adversaries.

There are four parts to a medical malpractice lawsuit: duty, breach of duty, causation and damages. A seasoned birth injury lawyer will work with you to collect evidence and create strong legal arguments in support of each of these elements.

In a birth injury case, the duty element involves proving that your doctor had an professional relationship with you. This can be accomplished by using medical documents or hospital invoices. The next step is to prove that you were required to fulfill an obligation by the doctor to exercise the competence and professionalism by a medical professional.

Birth Injury

A birth injury lawyer can help families bring a medical malpractice lawsuit against a hospital or doctor who erred during labor and delivery. A successful legal case could result in financial compensation to help families pay for their child's future and current medical expenses, lost wages and emotional trauma.

A seasoned birth injury lawyer will be able to review the medical documents of your child, identify any possible negligence and engage experts to investigate the case. These experts are typically other OB/GYN physicians who can offer their opinions on whether malpractice took place. Once the experts have reviewed your case and your lawyer has reviewed the case, they will be capable of determining who was accountable for the injuries and naming them as defendants in the lawsuit.

In all states including New York, there is a deadline for filing an injury claim with the court, known as the statute of limitations. For birth injury claims, this is usually 30 months or two and a half (2-1/2) years after the medical malpractice occurred.

During this time your attorney will negotiate an agreement with your insurance company 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 and judge will then decide the matter. This is a lengthy procedure that should only be handled by an experienced professional.

Medical Records

The birth of a baby is one of the most exciting times in a person's life however, it can be a terrifying nightmare if a medical mistake during labor or delivery causes an injury. Injuries can range from minor to severe and often have lasting effects on a newborn's development and quality of life. If you believe that your child sustained an injury during birth due to medical negligence, you may file a claim to recover the compensation you owe for past and future 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 provide medical care. The medical professional has not acted in accordance with the standards of their profession, and also the rest according to their level of training and knowledge. Typically, it is necessary to get expert witnesses who can help establish the appropriate standard of care in the case.

Medical malpractice insurance companies know how distraught parents are after an accident that has left them devastated and have legal teams that do their best to stop or reduce payments on claims. It is important to talk with an New York birth injury law firms injury attorney as soon as you can. If you begin the process early, you will avoid the possibility of missing crucial deadlines, and thus compromising your chances of obtaining the maximum amount of compensation.

Insurance

Medical advances have made childbirth relatively safer but there are dangers. Doctors and other medical professionals should be careful to avoid mistakes that could have lifelong consequences for the mother and baby. If they fail to do so, they may be held liable and have to pay damages.

Birth injury lawyers can assist parents receive fair compensation for their past and future medical expenses and also non-economic damages like pain and suffering. Their experience is also useful during negotiations with insurance companies, and can assist in avoiding the aggressive strategies that malpractice insurers employ to decrease the amount of money they pay. A lawyer can also bring the case to trial in the event of a need.

Birth injury cases are usually resolved outside of court. A medical malpractice lawyer can build an effective claim for compensation by examining medical documents of the child and hiring medical experts.

A seasoned New York City birth injury law firm can review the medical records and request diagnostic studies and reports that analyze the extent of the injuries, as well as identify the defendants. They could include the obstetrician or nurses, doctors, surgeons, and hospitals involved in the birth and delivery. In certain states, families may apply to a state-wide program that provides a guarantee for children who suffer certain birth injuries, such as brain damage and paralysis.