Birth Injury Attorneys

Although medical advances have made birthing a safer procedure, it is not without dangers. Unfortunately, even the tiniest of mistakes made during birth can have lasting consequences for both mother and baby.

A birth injury lawyer can help you recover damages. This can include future and past medical expenses in addition to ongoing therapy costs and other monetary damages.

Medical Malpractice

Birth injuries can have devastating effects that last a lifetime. A successful lawsuit can help parents get justice and recover compensation for the future care of their child, if an error in medical care caused the injury.

The first step in pursuing a medical malpractice claim is to find a skilled lawyer. A reputable birth trauma lawyer will collaborate with medical professionals, and will examine documents to determine if there is a possibility of malpractice. They will also discuss the case with you in detail and answer any questions you may have.

Medical negligence lawsuits can be complicated and involve difficult witnesses. Teams of lawyers are on the side of hospitals, doctors and insurance companies that are trained to cut or deny payments. It is important to find an attorney who is able to fight these powerful adversaries.

There are four elements to a medical malpractice claim: duty, breach of duty, causation and damages. An experienced lawyer for birth injuries will assist you to gather evidence and construct strong legal arguments in support of each of these elements.

In the case of birth injuries the primary requirement is to establish that you had a professional relationship with your doctor and yourself. This could be accomplished through medical documents or hospital bills. The next step is to prove that you were legally obligated to perform the duty by the doctor to act with the skill and care expected by a medical professional.

Birth Injury

An attorney for birth injuries can assist a family in filing an action for medical negligence against the doctor or hospital that acted in negligence during labor and birth. A successful legal action may result in financial compensation that could help families pay for their child's future and current medical expenses, lost wages and emotional trauma.

A competent birth injury lawyer will know how to go through your child's medical records and find any potential acts of negligence, and also hire experts (often other OB/GYN physicians) to look into the situation and provide an opinion regarding whether there was malpractice. After the experts have reviewed the case, your lawyer will determine who is responsible for the injuries. They will then name them as defendants.

In New York and most other states there is a statute of limitations which sets the deadline for filing an action. This usually is 30 months or birth injury Law firms 2 1/2 years following the incident.

During this period, your attorney will work with your insurance company to negotiate a settlement on your behalf. Your attorney will file a lawsuit in the appropriate court if the insurance company is unwilling to pay a reasonable amount. A jury or judge will then decide on the issue. This is a complicated procedure that should be left to an experienced professional.

Medical Records

A medical error during childbirth can result in an injury. It's one of the most exciting moments. Minor to severe injuries could cause lasting damage to the quality of life and development of a baby. If you suspect that your child suffered injuries to their birth due medical malpractice, you can bring a claim in order to receive damages for future and past damages.

A medical malpractice claim demands that the plaintiff prove that a doctor or nurse breached their duty of medical care. This means that the medical professional did not act in accordance with the standards of their field and of the medical community, in light of the knowledge and training they have. Generally, it will be necessary to engage experts as witnesses to help establish the appropriate level of care in the case.

Medical malpractice insurers are well aware of how overwhelmed parents can be after an accident that causes serious injury to the baby and have teams of attorneys who are on call 24/7 to reduce or deny payments on claims. It is important to consult with a New York birth injuries attorney immediately. If you begin the process in the early stages, you will not run the possibility of ignoring crucial deadlines, and thus compromising your chances of obtaining the maximum amount of compensation.

Insurance

The advancements in medicine have made childbirth a more secure process, however there are still risks. Doctors and other professionals working in the medical field must be aware of how to avoid mistakes that could result in long-lasting harm for both the mother and child. If they fail take care, they could be held responsible and forced to pay damages.

Birth injury lawyers can help parents get fair compensation for their past and future medical expenses and non-economic damages such as suffering and pain. Their expertise is also helpful when negotiating settlements with insurance companies and can help avoid aggressive tactics that malpractice insurers employ to reduce payouts. If necessary an attorney may present your case in the court.

Birth injury cases are usually resolved outside of court. A medical malpractice lawyer can create a solid claim for compensation by reviewing medical documents of the child and hiring medical experts.

A seasoned New York City birth injury law firm can look over 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 involved in the birth and delivery. In certain states, parents can apply for a state-sponsored program that pays compensation to children who suffer certain birth injuries, such as brain damage or paralysis.