Birth Injury Attorneys

While advances in medicine have made birthing a more secure procedure, it is not without risks. Even minor medical mistakes can have long-lasting consequences for both the baby and mother.

A lawyer for birth injuries can help you recover damages. This can include future and past medical expenses, ongoing therapy costs and other financial damages.

Medical Malpractice

A birth injury can have devastating effects that last a lifetime. If a medical error led to the injury and a successful lawsuit could aid parents in achieving an appreciation of justice and recover an amount of money to cover their child's future needs for care.

Finding an experienced lawyer is the first step to pursuing a claim for medical negligence. A good birth trauma lawyer will work with medical professionals and review documents to determine if there is a possibility of malpractice. They will also discuss the matter with you in depth and answer any questions you have.

Medical negligence lawsuits typically involve complicated issues and difficult witnesses. Teams of lawyers are on the side of hospitals, doctors and insurance companies that are trained to decrease or deny payments. It is important to find an attorney who is able to tackle these formidable adversaries.

A medical malpractice claim consists of four parts: duty, breach, causation and damages. A skilled birth injury lawyer will assist you to gather evidence and build strong legal arguments to support each of these elements.

In cases of birth injuries, the duty element involves proving that your doctor had an professional relationship with you. This could be done with medical records or hospital bills. The next step is to establish that you are owed an obligation by the doctor to perform the care and skill of another medical provider.

Birth Injury

A birth injury lawyer can assist a family to file an action for medical malpractice against the doctor or hospital that committed an act of negligence during labor and delivery. A successful legal action could result in financial compensation to help a family pay for their child's current and future medical expenses, lost wages and emotional trauma.

A skilled birth injury lawyer will be able to go through your child's medical records, identify any potential acts of negligence and hire experts (often other OB/GYN physicians) to examine the case and provide an opinion on the possibility of malpractice. After the experts have examined your case your lawyer will be competent to determine who is responsible for the injuries and identify them as defendants in the lawsuit.

In New York and most other states there is a statute of limitations which sets the deadline for filing an action. 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 time, your attorney will work with your insurance company to negotiate a settlement on your behalf. If the insurance company refuses to pay a fair amount, your attorney will file a suit in the appropriate court to decide whether a jury or a judge will decide on the issue. 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 occasions in a person's life however, it can also turn into an incredible nightmare if a medical mistake during labor and delivery results in 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 has suffered a birth injury lawsuits-related injury due to medical negligence, you may claim compensation.

A medical malpractice lawsuit requires the plaintiff to prove that a doctor or nurse breached their duty of medical care. This means that the medical professional failed to conform to the standards of their profession and that of the medical community, based on the level of education and experience they have. In general, it will be essential to have experts as witnesses to help determine the proper standard of care for the case.

Medical malpractice insurers are well aware of how frightened parents can feel following an accident that causes serious injury to the baby, and they typically have a team of lawyers working full time to deny or reduce payments on claims. It is crucial to talk with a 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 jeopardizing your chances of obtaining maximum compensation.

Insurance

Medical advances have made childbirth relatively safer, but there are still dangers. Doctors and other professionals working in the medical field must take care to avoid errors that could cause long-lasting damage for both mother and child. If they don't, they can be held accountable for negligence and have to pay damages.

Birth injury lawyers can assist parents receive fair compensation for their past and future medical expenses, as well as non-economic damages such as suffering and pain. Their experience is also useful in negotiations for insurance settlements, and can help avoid the aggressive tactics malpractice insurers use to reduce payouts. A lawyer may also bring the case to trial, in the event of a need.

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

An experienced New York City birth injury law firm will review the medical records and request diagnostic studies and reports which analyze the severity of the injuries, as well as identify the defendants. They could include the obstetrician and nurses, doctors, surgeons and hospitals that were involved in the birth and delivery. In certain states, parents may apply for a state program that compensates children who suffer from certain birth injuries such as brain damage or paralysis.