Birth Injury Attorneys

While medical advances have made birthing a more secure process, it's not without risks. Unfortunately, even the tiniest of medical mistakes can have lifelong consequences for both mother and baby.

A birth injury lawyer can help you recover damages for your losses. This could include the past, future and ongoing medical expenses, ongoing therapy costs, and other financial damages.

Medical Malpractice

Birth injuries can have devastating effects that can last a lifetime. A successful lawsuit can help parents get justice and secure compensation for the future treatment of their child if an error by a doctor caused the injury.

Locating a competent lawyer is the first step in seeking a claim for medical negligence. A skilled birth trauma attorney will work with medical experts and look over records to identify any potential malpractice. They will also be able to answer all your questions and discuss the matter in detail with you.

Medical negligence claims can be complex and require difficult witnesses. Teams of lawyers are on the side of doctors, hospitals, and insurers who are trained to reduce or eliminate payments. It is important to locate an attorney who is able to fight these powerful adversaries.

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

In the case of birth injuries, the duty element is to prove that you had a professional relationship with your doctor and yourself. This could be done by using medical documents or hospital invoices. It is then necessary to establish that the doctor has the obligation to act with reasonable skill and care that would be expected from another medical provider in the same circumstance.

Birth Injury

A birth injury lawyer can assist a family to file an action for medical negligence against the doctor or hospital that committed an act of negligence during labor and delivery. A successful legal case could result in financial compensation which can help families pay for their child's future and current medical expenses, lost wages, and emotional trauma.

A experienced birth injury lawyer will be able to go through the medical records of your child and find any potential acts of negligence and hire experts (often other OB/GYN doctors) to review the case and offer their opinions regarding whether there was malpractice. After the experts have examined the case, your lawyer can 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 specifies the deadline for filing a claim. For birth injury claims, this is typically 30 months or two and two-and-a-half (2-1/2) years after the incident of medical malpractice.

During this period, your attorney will negotiate an agreement with your insurance company on behalf of you. If the insurance company refuses to pay a reasonable amount, your lawyer will file a suit in the appropriate court to have a judge and jury decide the issue. This is a complicated process that should be handled by a trained 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 a medical error during labor and delivery results in an injury. The injuries can range from minor to severe and often have lasting impacts on a baby's development and quality of life. If you think that your child sustained injuries to their birth due medical negligence, you may file a claim to recover the compensation you owe for past and future damages.

A medical malpractice case requires the plaintiff to prove that a doctor, nurse or any other healthcare professional breached their duty of provide care. The medical professional has failed to act according to the standards of their profession and the rest according to their training and expertise. Generally, it will be required to involve experts to help determine the proper level of care in the case.

Medical malpractice insurers are well aware of how frightened parents can be following an injury to their baby and have teams of attorneys who are on call 24/7 to stop or reduce the amount of money they pay on claims. It is imperative to consult an New York birth injury attorney as soon as you can. You can avoid missing important deadlines and decrease your chances of getting maximum compensation by beginning the process as soon as possible.

Insurance

Medical advances have made childbirth a safer experience, but it still poses risks. Medical professionals and doctors must act with care to avoid errors that could have lifelong consequences for both the mother and baby. If they don't take care, they could be held liable and have to pay for damages.

Birth injury lawyers can help parents obtain fair compensation for future, past and non-economic injuries like suffering and pain. Their expertise also aids in settlement negotiations for insurance claims and in avoiding the aggressive strategies that insurance companies employ to reduce payouts. If necessary an attorney could take your case to court.

A lot of medical malpractice claims end up in court, and this is often applicable to birth injury cases. However, a knowledgeable medical malpractice lawyer can construct a solid case for compensation by examining the child's medical records and obtaining medical experts to look them over.

A New York City birth injury lawyer can examine medical documents, request reports and diagnostic tests to evaluate the severity of injuries and pinpoint the defendants. This could include the obstetrician as well as surgeons, nurses, and doctors involved in the delivery or birth as well as the hospitals. In certain states, parents are able to apply for a state program that compensates children who suffer from certain birth injuries like brain damage or paralysis.