Birth Injury Attorneys

While advances in medicine have made birthing a safer procedure, it is not without risks. Even minor medical mistakes can have long-lasting effects 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 monetary damages.

Medical Malpractice

Birth injuries can have devastating effects that last a lifetime. If a medical error led to the injury, a successful lawsuit can assist parents to attain an understanding of justice, and also seek the financial compensation their child will need for future healthcare needs.

Locating a competent lawyer is the first step to making a claim against medical malpractice. An experienced birth trauma lawyer will work with medical experts, and scrutinize documents to find any possible malpractice. They will also be able to answer all your questions and discuss the case in depth with you.

Medical negligence claims typically involve complex issues and difficult witnesses. Doctors, hospitals, and insurance companies have teams of lawyers on their side who are trained to deny or reduce the amount of compensation. It is important to locate an attorney who is able to fight these powerful adversaries.

A medical malpractice lawsuit has four components: 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 a birth injury case, the first step is to establish that your doctor had an official relationship with you. This can be done using medical documents or hospital bills. It is then important to prove that the doctor had a duty to act with reasonable skill and care that you would expect from a different medical provider in the same circumstance.

Birth Injury

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

A competent birth injury lawyer will be able to go through the medical records of your child, identify any potential acts of negligence, and then hire experts (often other OB/GYN doctors) to examine the case and offer their opinions on the degree of malpractice that occurred. Once the experts have reviewed the case, your lawyer will determine who is responsible for the injuries. They will then identify the defendants.

In New York and most other states, there is an statute of limitations that specifies the deadline for filing an action. For birth injury claims, this is typically 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 with your insurance company to negotiate a settlement on your behalf. Your attorney will file a suit in the appropriate court in the event that the insurance company is unwilling to pay a reasonable amount. A judge and jury will then decide the matter. This is a complicated procedure that should be handled by a professional.

Medical Records

The birth of a child is one of the most exciting moments in one's life however, it can turn into an incredible nightmare if a medical mistake during labor and birth causes an injury. Injuries that range from minor to severe can have a long-lasting impact on the quality of life and development of a newborn. If you believe that your child has suffered an injury related to birth due to negligence by a medical professional, you can file an action to recover compensation.

A medical malpractice lawsuit requires the plaintiff to show that a nurse or doctor breached their duty of care. The medical professional not acted according to the standards of the profession and the rest according to their level of training and expertise. In most instances, it's necessary to engage experts to testify on behalf of the client to determine the appropriate standards in the case.

Medical malpractice insurance companies are aware of how frightened parents can be after an injury to their baby and typically have teams of lawyers working 24/7 to block or limit payments on claims. As such, it is vital to consult a New York birth injury attorney as soon as you can. By beginning the process in the early stages, you will not run the possibility of ignoring crucial deadlines and thereby reducing your chance to recover maximum compensation.

Insurance

Medical advances have made childbirth a safe process, but it still has risks. Medical professionals and doctors must exercise caution to avoid errors that could have lifelong consequences for the mother as well as the baby. If they don't do so, they could be held accountable and required to pay for damages.

Birth injury lawyers can help parents receive fair compensation for past, future and non-economic injuries like pain and suffering. Their experience also helps during insurance settlement negotiations and in avoiding the abrasive tactics that insurers employ to decrease payouts. Lawyers can also take the case to trial, if necessary.

Birth injuries are typically settled outside of court. But a skilled medical malpractice lawyer can create a strong case to recover compensation by reviewing the medical records of the child and hiring medical experts to look them over.

A seasoned New York City birth injury law firm can look over the medical records and request diagnostic studies and reports that evaluate the severity of the injuries and also identify the defendants. This could include the obstetrician or nurses, surgeons, doctors as well as hospitals involved in the birth and delivery. In some states, families are able to apply to a government program that will provide an indemnity for children suffering from certain birth injuries, such as brain damage and paralysis.