Birth Injury Attorneys

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

A birth injury lawyer can assist you in obtaining damages for your losses. This can include future, past and ongoing medical expenses, ongoing therapy costs, and any other monetary damages.

Medical Malpractice

Birth injuries can have devastating effects that last a lifetime. If a medical error caused the injury the lawsuit will assist parents to attain the feeling of justice and recover the financial compensation they need to meet their child's future needs for care.

Locating a competent lawyer is the first step in making a claim against medical negligence. A reputable birth trauma lawyer will collaborate with medical experts and look over the records to discover any potential malpractice. They will also answer all your questions and discuss the matter in detail with you.

Medical negligence lawsuits typically involve complex issues and difficult witnesses. Doctors, hospitals, and insurance companies have lawyers on their side, who are trained to deny or reduce payments. It is crucial to locate an attorney who is able to combat these powerful opponents.

There are four elements of a medical negligence claim: duty, breach of duty, causation and damages. A birth injury lawyer with years of experience can assist you in gathering evidence and create strong legal arguments to back 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 you. This could be done using medical records or hospital invoices. The next step is to prove that you were owed an obligation by your doctor to perform the skill and care expected of another medical provider.

Birth Injury

An attorney for birth injuries could assist a family with filing an action for medical malpractice against the doctor or hospital that acted in negligence during labor and birth. A successful legal claim can result in financial compensation to help a family cover their child's medical expenses and future expenses, as well as the loss of wages and emotional trauma.

A skilled birth injury lawyer can review the medical documents of your child, identify any possible negligence and employ experts to examine the case. Experts are usually other OB/GYN physicians who can give their opinion as to whether malpractice was involved. After the experts have reviewed the case, your lawyer can determine who is accountable for the injuries. They will then name them as defendants.

In most states, including New York, there is an expiration date for filing an injury claim before the court, referred to as the statute of limitations. For birth injury claims, this usually is 30 months or two and one-half (2-1/2) years after the medical malpractice occurred.

During this period your attorney will negotiate a settlement with your insurance company on your behalf. 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 lengthy process that should only be handled by a professional.

Medical Records

The birth of a child is among the most exciting times in a person's lifetime however, it can also be a terrifying nightmare if an error by a doctor during labor and delivery results in an injury. The injuries can range from minor to major, and often have lasting effects on a newborn's development and quality of life. If you suspect that your child has suffered an injury related to birth due to medical negligence, you may file an action to recover compensation.

A medical malpractice case demands that the plaintiff demonstrate that a doctor, nurse or any other healthcare professional breached their duty to care. This means that the medical professional failed to comply with the standards of their field and of the medical community, in light of the knowledge and training they have. Generally, it will be necessary to get experts as witnesses to help establish the appropriate standard of care for the case.

Medical malpractice insurers are well aware of how devastated parents can be following a serious birth injury, and they typically have teams of lawyers who are on call 24/7 to reduce or deny payments on claims. This is why it's essential to speak with a New York birth injury attorney as soon as possible. You can avoid missing crucial deadlines and decrease your chances of receiving maximum compensation by beginning the process as early as possible.

Insurance

Medical advances have made childbirth relatively safer but there are risks. Doctors and other medical professionals in the field must be aware of how to avoid errors that could have long-lasting consequences for both the mother and the child. If they fail to do so, they can be held liable for negligence and are required to pay for damages.

Birth injury lawyers can assist parents receive fair compensation for past, future and non-economic damages like suffering and pain. Their experience also helps during settlement negotiations for insurance claims and in avoiding the aggressive tactics malpractice insurers use to limit payouts. Lawyers can also take the case to trial in the event of a need.

Many medical malpractice cases are settled out of court which is usually true for birth injury cases. A medical malpractice lawyer can create a strong claim to recover compensation through the review of medical records of the child and hiring medical experts.

A seasoned New York City birth injury law firm can examine the medical records and request reports and diagnostic studies that analyze the extent of the injuries as well as identify the defendants. This could include the obstetrician as well as nurses, doctors and surgeons involved in the delivery or birth, as well as the hospitals. In certain states, families are able to apply for a state-sponsored program that will provide an indemnity for children who suffer from certain birth injuries, for example brain damage and paralysis.