Birth Injury Attorneys

An attorney for birth injuries can help you file a medical malpractice claim against a negligent obstetrician, nurse or hospital. They will seek medical documents to determine if there was any malpractice, and then consult with experts to look over the case.

Minor medical errors during childbirth can result in serious and preventable injuries that require years of treatment. A successful legal claim could compensate families for these costs.

Proving Negligence

A birth injury lawyer can assist you in filing an action in court, recover damages, and hold negligent medical professionals accountable. This type of lawsuit falls under personal injury or medical malpractice law and requires extensive investigation, expert testimony and the possibility of a trial. Evidence will be needed to show that the defendants violated their duty of care and caused harm to your child.

A knowledgeable and experienced lawyer can create a compelling case to establish negligence. They will prove that the medical professional failed to act in accordance to the generally accepted standards of care for professionals with their level of training and expertise and that the failure caused your child's injuries. It may be necessary to seek the opinion of a medical professional to determine the standards of medical care, and your attorney can find these experts for you.

Families that suffer a birth injury may be faced with a lot of financial and emotional stress. Therapy and medical costs for a child can eat up a family's savings. An experienced attorney for birth injuries can evaluate your family's finances and needs for lifetime care to reach a settlement which fully covers your expenses. They can also handle communications with insurers and lawyers on your behalf to prevent settlements that are low in value. They can also request your medical records and make sure they aren't lost or changed.

Collecting Evidence

Although medical advances have made childbirth more secure than it was previously, mothers and their babies are at risk to a certain amount of risk during each labor. New York law requires obstetricians and other medical professionals attending the birth to perform their duties with reasonable care and avoid mistakes that could lead to long-lasting, or even permanent implications. If they fail to adhere to this they could be held accountable for a lawsuit seeking financial compensation.

Developing a strong argument is essential. A good birth injury attorney will work with a team experts who look over medical records, diagnoses, treatment, and other evidence to determine whether doctors acted in violation of the standard of care in their profession. This is the key to an effective case.

If the actions of a doctor resulted in an injury of a serious nature, we will seek damages for future and past medical costs, loss of income and emotional distress, in addition to other expenses. We will also seek compensation for any additional costs you have incurred or will have to pay for the care of your child as they grow up including therapy sessions and special education.

In the course of litigation it is not uncommon for defendants or their insurance companies to try and shift blame or misrepresent important facts. A knowledgeable attorney knows how to defy these attempts to ensure that the verdict accurately reflects the responsibilities of the medical professional.

Preserving Evidence

The most important thing to do in a medical malpractice lawsuit is to gather and preserve evidence. This includes eyewitness accounts, photographs statements and expert testimony.

Your lawyer can help you gather the evidence needed to demonstrate negligence and assist you to build a strong case against compensation. They can also preserve evidence to be used in court and ensure that the case meets legal requirements.

If medical professionals do not fulfill their duty of care, patients could suffer severe injuries and losses. Birth injury lawyers can help you hold medical professionals at fault accountable and seek compensation that covers lifetime medical expenses and lost income, emotional trauma, and so on.

After the initial consultation the lawyer will give you a better idea of the likelihood of winning the lawsuit and give suggestions on how to proceed. Additionally, they will review your case and start the process of obtaining medical records and arranging experts to give their opinions on the claim.

Your lawyer will also handle the claims process and manage all communication with insurance companies to ensure that you don't risk not meeting important deadlines. They can also assist you to negotiate an equitable settlement that accurately reflects your damages. They can also fend off insurers who try to pressure you into signing low-cost contracts. If a settlement isn't reached, they can file a lawsuit to pressure insurers.

Filing a Lawsuit

The legal action you take against the medical professional who caused your child's injuries could help you obtain compensation to cover lifetime care expenses and losses. Medical malpractice claims can be complicated and time-consuming. A good lawyer will manage communication with insurers and manage your family's case in order to avoid costly delays.

Your lawyer will have to show that the doctor violated the duty of care and that your child was injured due to the breach. It is essential to collaborate with a team of medical experts to define the standard care and how your physician was not up to the mark.

In addition to nurses and doctors as well as midwives, they can also be defendants in birth injury lawsuits. While they are licensed, trained professionals who are able to assist in normal pregnancy, New York law states that they must refer patients to obstetricians when complications arise during a delivery or if a risk assessment indicates the mother is at high risk.

A birth injury lawyer can assist you to create a case based on evidence and expert testimony in support of your claim. The majority of birth injury lawyers work on a contingent fee basis. This means they pay for all costs related to your case, and only get paid in the event that they recover compensation for you. A contingency fee percentage generally ranges between 33%-40 percent of the settlement.