Birth Injury Attorneys

While advances in medicine have made birthing a safer process, it still has risks. Even small medical errors can have lasting consequences for both mother and baby.

A birth injury attorney can assist you in recovering damages for your losses. This can include past and future medical expenses, ongoing therapy costs and other damages in the form of money.

Medical Malpractice

A birth injury can have devastating effects that last a lifetime. If a medical mistake caused the injury, a successful lawsuit can aid parents in achieving an understanding of justice, and also seek financial compensation for their child's future care 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 professionals, and will examine documents to determine if there is a possibility of malpractice. They will also answer all your questions and discuss the case in detail with you.

Medical negligence lawsuits typically involve complicated issues and difficult witnesses. Teams of lawyers are on the side of doctors, hospitals and insurance companies who are trained to limit or birth injury deny payments. It is vital to find a lawyer who can defend these powerful adversaries.

A medical malpractice case has four components: duty, breach, causation and damages. An experienced birth injury lawyer will assist you to collect evidence and construct strong legal arguments to support each of these elements.

In a birth injury case, the duty element involves proving that your doctor had an established professional relationship with you. This can be accomplished by using medical documents or hospital invoices. The next step is to prove that you were legally obligated to perform the duty by the doctor to exercise the care and skill of a different medical provider.

Birth Injury

A birth injury attorney can assist a family to file a medical malpractice lawsuit against the hospital or doctor who acted with negligence during labor and birth. A successful legal claim may result in financial compensation that can help a family pay for their child's future and current medical expenses, lost wages and emotional trauma.

A skilled birth injury lawyer will be able to examine your child's medical records and identify any possible acts of negligence, and then hire experts (often other OB/GYN physicians) to examine the case and give their opinion on the possibility of malpractice. Once the experts have reviewed the case, the lawyer will determine who is responsible for the injuries. They will then identify them as defendants.

In New York and most other states there is a statute of limitations which stipulates the deadline to file claims. For birth injury claims, this is usually 30 months or two and one-half (2-1/2) years after the malpractice occurred.

During this time, your attorney will work with your insurance company to negotiate an agreement on your behalf. Your attorney will file a complaint in the appropriate court if the insurance company refuses to pay a reasonable amount. A judge and jury will then make a decision. This is a lengthy procedure that should only be handled by an experienced professional.

Medical Records

The birth of a baby is among the most exciting events in the life of a person, but it can be a terrifying nightmare if an error by a doctor during labor and delivery causes an injury. Injuries that range from minor to severe can have a lasting impact on the quality of life and development of a baby. If you believe your child suffered a birth injury due to medical negligence, you may bring a claim in order to receive the compensation you owe for past and future damages.

A medical malpractice case requires that the plaintiff prove that a nurse, doctor or other healthcare professional has violated their duty of provide care. The medical professional not acted according to the standards of the profession and the rest according to their level of training and experience. In the majority of cases, it is essential to engage experts to testify on behalf of the client to determine the appropriate standards in the case.

Medical malpractice insurance companies are aware of how overwhelmed parents can feel following a serious birth injury and usually have teams of attorneys working 24/7 to deny or reduce payments on claims. As such, it is important to talk with a New York birth injury attorney as soon as possible. You can avoid missing crucial deadlines and compromising your chances of recovering maximum compensation by starting the process as soon as possible.

Insurance

The advancements in medicine have made childbirth a lot safer but there are dangers. Medical professionals and doctors must exercise caution to avoid making mistakes that could result in permanent consequences for the mother as well as the baby. If they fail to do so then, they could be held accountable and may have to pay for damages.

Birth injury lawyers can assist parents receive fair compensation for past and future medical expenses as well as non-economic damages such as pain and suffering. Their experience is also beneficial when negotiating settlements with insurance companies and can help avoid the aggressive tactics that malpractice insurers employ to reduce payouts. If needed an attorney could present your case in court.

Many medical malpractice cases go to court without trial and this is typically true for birth injury cases. A medical malpractice lawyer can make a solid claim to recover compensation through the review of 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 and reports that assess the severity of the injuries as well as identify the defendants. This could include the obstetrician, nurses, doctors and surgeons involved in the birth or delivery as well as hospitals. In some states, parents can apply for a state program which provides compensation to children who suffer certain birth injuries such as brain damage or paralysis.