Birth Injury Attorneys

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

A birth injury attorney will help you obtain damages for your losses. This can include future and past medical expenses in addition to ongoing therapy costs and other damages in the form of money.

Medical Malpractice

A birth injury can have devastating consequences that last for a lifetime. If a medical error led to the injury, a successful lawsuit can aid parents in achieving an appreciation of justice, and also seek financial compensation for their child's future care needs.

The first step to pursue the medical malpractice claim is to find an experienced lawyer. A skilled birth trauma attorney will collaborate with medical experts and review the records to discover any potential malpractice. They will also discuss the case in depth with you and answer any questions you might have.

Medical negligence cases typically have complicated issues and difficult witnesses. Teams of lawyers are on the side of hospitals, doctors, and insurers who are trained to reduce or deny payments. It is important to find an attorney who is able to combat these powerful opponents.

There are four parts of a medical negligence claim: duty, breach of duty, causation, and damages. An experienced 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 official relationship with you. This can be done using medical documents or hospital invoices. The next step is to prove that you are owed an obligation by the doctor to perform the competence and professionalism of a different medical provider.

Birth Injury

A birth injury attorney can assist a family in filing an action for medical negligence against the hospital or doctor who acted with negligence during labor and birth. A successful legal action could result in financial compensation to help a family cover the medical expenses of their child as well as future costs, as well as lost earnings and emotional trauma.

A skilled birth injury lawyer will know how to go through the medical records of your child, identify any potential acts of negligence and hire experts (often other OB/GYN physicians) to examine the case and provide their opinion regarding whether there was malpractice. Once the experts have reviewed the case, your lawyer will determine who is responsible for the injuries. They will then name the defendants.

In New York and most other states, there is an statute of limitations that defines the time frame for filing a claim. For birth injury claims, this usually is 30 months or two and two-and-a-half (2-1/2) years after the incident of medical malpractice.

During this period the attorney will negotiate a settlement with your insurance company on behalf of you. If the insurance company refuses to pay a fair amount, your attorney will file a lawsuit with the appropriate court to make a jury and a judge decide the issue. This is a complex procedure that should be handled by an experienced professional.

Medical Records

The birth of a baby is among the most exciting moments in one's life however, it can turn into a nightmare if an error by a doctor during labor or delivery causes an injury. Minor to severe injuries can be long-lasting and affect the quality of life and development of a baby. If you think that your child suffered a birth injury 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 any other healthcare professional breached their duty of provide care. The medical professional has not acted in accordance with the standards of the profession and the rest, according to their level of training and experience. Generally, it will be required to involve experts who can assist in determining the proper level of care in the case.

Medical malpractice insurance companies are aware of how frightened parents can feel following a serious birth injury, and they typically have a team of lawyers who are on call 24/7 to deny or reduce payments on claims. Therefore, it is important to talk with a New York birth injury attorney whenever you can. If you begin the process early, you can avoid the possibility of ignoring crucial deadlines and thereby reducing your chance to recover the maximum amount of compensation.

Insurance

The advancements in medicine have made childbirth a relatively safer process, but it still poses risks. Doctors and other professionals in the medical field must be cautious to avoid errors that could cause long-lasting damage for both the mother and child. If they do not take care, they could be held responsible and forced to pay damages.

Birth injury lawyers can assist parents receive fair compensation for past and birth Injury future medical expenses as well as other damages that are not economic, like suffering and pain. Their expertise can also be helpful during insurance settlement negotiations and in avoiding the abrasive tactics that insurers employ to limit payouts. If needed, an attorney can also bring your case to court.

Many medical malpractice cases end up in court, and this is often true for birth injury cases. A medical malpractice lawyer can construct a solid case 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 reports and diagnostic studies which analyze the severity of the injuries and also identify the defendants. This could include the obstetrician as well as nurses, doctors and surgeons involved in the delivery or birth as well as the hospitals. In some states, families can apply to a state-wide program that offers an indemnity for children suffering from certain birth injuries, such as brain damage or paralysis.