Birth Injury Attorneys

While advances in medicine have made birthing a more secure process, it still has dangers. Even small medical errors can have lasting consequences for both the 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 financial damages.

Medical Malpractice

Birth injuries can have devastating effects that can last for the rest of your life. A successful lawsuit can help parents obtain justice and receive compensation for the future care of their child if an error in medicine caused the injury.

The first step in pursuing a medical malpractice claim is to locate an experienced lawyer. A good birth trauma lawyer will work with medical professionals and review documents to determine if there is a possibility of malpractice. They will also answer all your questions and discuss the case in depth with you.

Medical negligence claims often involve complicated issues and difficult witnesses. Doctors, hospitals and insurance companies all have teams of lawyers on their side who are trained to deny or reduce the amount of compensation. It is crucial to locate a lawyer who has the ability to stand up against these powerful adversaries.

A medical malpractice claim consists of four components: duty, breach, causation and damages. A birth injury lawyer who has experience can assist you with gathering evidence and create strong legal arguments to back each of these elements.

In a birth-injury case the primary requirement is to prove that you had a professional relationship between your doctor and you. This could be done with medical records or hospital bills. The next step is to establish that the doctor had an obligation to perform the procedure with reasonable skill and care that would be expected from a different medical provider in the same circumstance.

Birth Injury

A birth injury attorney could assist a family with filing an action for medical negligence 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 families pay for their child's current and future medical expenses, lost wages, and emotional trauma.

A skilled birth injury lawyer can review the medical documents of your child, identify any potential negligence and engage experts to investigate the case. These experts are typically other OB/GYN doctors who can give their opinion as to whether malpractice took place. After the experts have analyzed your case your lawyer will be in a position to determine who was accountable for the injuries, and then name them as defendants in the lawsuit.

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

During this time your attorney will negotiate a settlement with your insurance company on behalf of you. Your attorney will file a suit in the appropriate court in the event that the insurance company refuses a reasonable amount. A jury and judge will then make a decision. 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 events in one's life, but it can turn into a nightmare if a medical error during labor or delivery causes an injury. Injuries can range from minor to severe, and they often have long-lasting impacts on a baby's development and quality of life. If you think that 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 the plaintiff to show that a nurse or doctor breached their duty of medical care. The medical professional not acted according to the standards of their profession and the rest, based on their training and experience. Generally, it will be required to involve expert witnesses who can help determine the proper standard of care for the case.

Medical malpractice insurance companies know how devastated parents are following a birth injury that is serious, and they have attorneys on staff who are on call 24/7 to reduce or deny payments on claims. It is important to talk with a New York birth injury attorney as soon as possible. You can avoid missing important deadlines and decrease your chances of recovering maximum compensation by starting the process as soon as you can.

Insurance

Medical advances have made childbirth a safer process, but it still poses risks. Doctors and other professionals working in the medical field must be aware of how to avoid errors that could result in long-lasting harm for both the mother and child. If they fail to do so do so, they could be held liable and have to pay damages.

Birth injury attorneys can help parents receive fair compensation for future and past medical expenses and non-economic damages, such as pain and suffering. Their experience is also useful when negotiating settlements with insurance companies and could help avoid aggressive strategies that malpractice insurers employ to decrease payouts. A lawyer may also bring the case to trial should it be necessary.

Birth injury cases are usually resolved out of court. However, a seasoned medical malpractice lawyer can create a strong case for compensation by reviewing the medical records of the child and obtaining medical experts review them.

An experienced New York City birth injury law firm can look over the medical records and request diagnostic reports and reports that analyze the extent of the injuries as well as identify the defendants. This could include the obstetrician and nurses, doctors and surgeons involved in the birth or delivery as well as the hospitals. In certain states, parents can apply for a state-sponsored program that provides compensation to children who suffer certain birth injuries, including brain damage or paralysis.