Birth Injury Attorneys

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

A birth injury lawyer will help you obtain damages for your losses. These could include past and future medical expenses, ongoing therapy costs as well as other damages monetary.

Medical Malpractice

A birth injury can cause devastating effects that can last a lifetime. If a medical mistake caused the injury and a successful lawsuit could help parents attain an understanding of justice, and also seek an amount of money to cover their child's future needs for care.

The first step in pursuing the medical malpractice claim is to find a skilled lawyer. A good birth trauma attorney will collaborate with medical experts, and scrutinize documents to determine if there is any possibility of malpractice. They will also be able to answer all your questions and discuss the matter in detail with you.

Medical negligence cases typically have complicated issues and difficult witnesses. Teams of lawyers are on the side of doctors, hospitals and insurance companies who are trained to decrease or stop payments. It is important to find a lawyer who is able to stand up against these powerful opponents.

There are four elements of a medical negligence claim duty, breach of duty, causation and damages. A birth injury lawyer with experience will assist you in gathering evidence and construct strong legal arguments to back 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 establish that you were owed the duty by the doctor to act with the expertise and care of another medical provider.

Birth Injury

A birth injury lawyer can assist the family file a medical negligence lawsuit against a doctor or hospital who was negligent during labor and birth. A successful legal case could result in financial compensation to help the family pay for the cost of medical treatment for their child as well as future expenses, in addition to lost wages and emotional trauma.

A skilled birth injury lawyer will be able to review the medical records of your child and find any potential acts of negligence, and also hire experts (often other OB/GYN doctors) to review the case and provide an opinion on the degree of malpractice that occurred. Once the experts have reviewed the case, the 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 claims. It usually lasts 30 months or 2 1/2 years following the incident.

During this period your attorney will negotiate a settlement with your insurance company on behalf of you. If the insurance company refuses to pay a reasonable amount, your attorney will file a lawsuit in the appropriate court to make a jury and a judge decide the matter. This is a complex process that should be left to a trained professional.

Medical Records

A medical error during childbirth could result in injuries. It is one of life's most exciting moments. Minor to severe injuries could have a lasting impact on the quality of life and development of a baby. If you believe that your child suffered an injury at birth due to medical malpractice, you can seek compensation for future and past damages.

A medical malpractice claim demands that the plaintiff prove that a doctor or nurse violated their duty of care. This means that the medical professional did not comply with the standards of their profession as well as the rest of the medical community depending on the level of education and expertise they have. In general, it will be essential to have experts to help establish the appropriate standard of care for the case.

Medical malpractice insurers know the utter devastation parents feel after a serious birth accident and have teams of attorneys who do their best to stop or reduce payments on claims. This is why it's important to talk with a New York birth injury lawsuit injury attorney as soon as possible. You can avoid missing important deadlines and diminishing your chances of obtaining maximum compensation by starting the process as early as possible.

Insurance

The advancements in medicine have made childbirth a lot safer however, there are still dangers. Doctors and other medical professionals in the field must be cautious to avoid errors that could cause long-lasting damage for both the mother and the child. If they don't do so, they may be held responsible for negligence and are required to pay for damages.

Birth injury lawyers can help parents get fair compensation for future, past and non-economic losses like suffering and birth injury lawyer pain. Their experience is also beneficial during negotiations with insurance companies, and can help avoid the aggressive tactics malpractice insurers employ to reduce payouts. Lawyers can also bring the case to trial should it be necessary.

Birth injuries are typically settled outside of court. A medical malpractice lawyer can construct a solid case for compensation by examining medical records of the child and hiring medical experts.

An experienced New York City birth injury law firm can look over the medical records and request diagnostic and reports that analyze the extent of the injuries as well as identify the defendants. This could include the obstetrician or nurses, surgeons, doctors as well as hospitals involved in the delivery and birth. In certain states, families may apply to a state-wide program that will provide an indemnity for children suffering from certain birth injuries, including brain damage and paralysis.