Birth Injury Attorneys

Although medical advances have made birthing a more secure process, it still has risks. Even minor medical mistakes can have long-lasting consequences for both the mother and baby.

A lawyer for birth injuries can help you recover damages. This could include future and past medical expenses in addition to ongoing therapy costs and other financial damages.

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 help parents achieve an understanding of justice and seek the financial compensation their child will need for future needs for care.

Finding a skilled lawyer is the first step to filing a claim for medical negligence. A reputable birth trauma lawyer will work with medical professionals and examine documents to determine if there is a possibility of malpractice. They will also discuss the case in depth with you and answer any questions you may have.

Medical negligence claims often involve complicated issues and difficult witnesses. Hospitals, doctors and insurance companies all have teams of lawyers on their side who are trained to deny or reduce the amount paid. It is important to find an attorney that can take on these powerful opponents.

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

In the case of a birth injury, the duty element involves proving that your doctor had a professional relationship with you. This could be done with medical records or hospital bills. The next step is to establish that you were owed the duty by the doctor to exercise the expertise and care of another medical provider.

Birth Injury

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

A skilled attorney for birth injuries will be able review the medical documents of your child, pinpoint any possible negligence and employ experts to investigate the case. They are typically other doctors in the field of OB/GYN who are able to provide their opinion on whether malpractice occurred. After the experts have examined your case and your lawyer has reviewed the case, they will be competent to determine who is responsible for the injuries and naming them as defendants in the lawsuit.

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

During this period during this time, your attorney will negotiate an agreement with your insurance company on your behalf. Your attorney will file a suit in the appropriate court in the event that the insurance company refuses to pay a reasonable amount. A jury or judge will then decide on the issue. This is a lengthy process that should be handled by an experienced professional.

Medical Records

The birth of a child is among the most exciting occasions in a person's lifetime however, it can also turn into an incredible nightmare if an error by a doctor during labor and delivery results in an injury. The severity of injuries can vary from minor to severe, and can have lasting consequences for a newborn's growth and quality of life. If you believe that your child has suffered a birth-related injury due to medical negligence, you can file an action to recover compensation.

A medical malpractice lawsuit demands the plaintiff to prove that a nurse or doctor violated their duty of care. The medical professional has failed to act according to the standards of the profession and the rest, is based on their level of training and knowledge. In most cases, it is essential to hire experts who are able to determine the appropriate level of care in the situation.

Medical malpractice insurance companies are aware of how frightened parents can be following an injury to their child that is serious and usually have teams of attorneys working full time to stop or reduce the amount of money they pay on claims. It is crucial to talk with a New York birth injuries attorney as soon possible. You can avoid missing important deadlines and decrease your chances of obtaining maximum compensation by starting the process as early as possible.

Insurance

Medical advances have made childbirth a safe process, but it still poses risks. Doctors and other medical professionals should be careful to avoid mistakes that could result in permanent consequences for both the mother and baby. If they do not, they may be held accountable and required to pay for damages.

Birth injury lawyers can help parents receive fair compensation for past, future and non-economic damages such as suffering and pain. Their expertise can also be helpful during settlement negotiations with insurance companies and in avoiding the abrasive tactics used by insurers to reduce payouts. If necessary an attorney could make your case go to court.

Birth injury cases are often resolved out of court. However, a knowledgeable medical malpractice attorney can build a solid case to recover compensation by reviewing the child's medical records and enlisting medical experts to review them.

An experienced New York City birth injury law firm can review the medical records and request reports and diagnostic studies that evaluate the severity of the injuries and also identify the defendants. These could include the obstetrician, nurses surgeons, doctors, and hospitals involved in the delivery and birth. In some states, families are able to apply for a state-sponsored program that provides an indemnity for children suffering from certain birth injuries, for example brain damage and paralysis.