Birth Injury Attorneys

Modern medicine has made childbirth more safe, but it's not without risks. Even small medical errors can have long-lasting consequences for both baby and mother.

A birth injury lawyer can assist you in obtaining damages for your losses. This can include future and past medical expenses as well as ongoing therapy costs and other damages in the form of money.

Medical Malpractice

A birth injury can result in devastating effects that last for a lifetime. If a medical issue caused the injury, a successful lawsuit can help parents attain an appreciation of justice and obtain financial compensation for their child's future needs for care.

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

Medical negligence cases can be complicated and require difficult witnesses. Hospitals, doctors and insurance companies have lawyers on their side who are trained to deny or decrease payments. It is essential to find an attorney that can fight these powerful adversaries.

A medical malpractice claim has four parts: duty breach, causation, and damages. A skilled birth injury lawyer will work with you to gather evidence and develop strong legal arguments in support of each of these elements.

In a birth injury case, the legal requirement is to prove that your doctor had an professional relationship with you. This could be done with medical records or hospital bills. The next step is to establish that you were legally obligated to perform the duty by the doctor to exercise the skill and care expected of a different medical provider.

Birth Injury

A birth injury attorney can assist a family in filing an action for medical negligence against the doctor or hospital that committed an act of negligence during labor and birth. A successful legal action may result in financial compensation that could aid a family in paying for their child's future and current medical expenses, lost wages and emotional trauma.

A skilled birth injury lawyer will be able to examine the medical records of your child and determine any potential instances of negligence and employ experts (often other OB/GYN physicians) to look over the case and provide an opinion on whether malpractice occurred. Once the experts have reviewed the case, your lawyer will determine who is accountable for the injuries. They will then identify the defendants.

In all states including New York, there is a deadline to file an injury claim before the court, referred to as the statute of limitations. This is usually 30 months or 2 1/2 years following the incident.

During this time the attorney will negotiate an agreement with your insurance company on your behalf. If the insurance company refuses to pay a fair amount, your lawyer will file a complaint in the appropriate court to get a jury and judge to decide the issue. This is a complicated procedure that should only be handled by an experienced professional.

Medical Records

The birth of a child is among the most exciting occasions in a person's life but it can also become a nightmare if a medical error during labor and delivery results in an injury. Minor or severe injuries can have a long-lasting impact on the quality of life and development of a baby. If you think that your child sustained a birth injury due to medical negligence, you may file a claim to recover damages for future and past damages.

A medical malpractice claim requires that the plaintiff prove that a physician, nurse or other healthcare professional acted in violation of their duty of provide medical care. This means that the medical professional failed to follow the standards of their field and of the medical community based on the level of knowledge and training they have. In general, it will be necessary to get experts as witnesses to help determine the proper standard of care for the case.

Medical malpractice insurers are aware of the utter devastation parents feel after an accident that has left them devastated and have legal teams that 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. By beginning the process early, you can reduce the possibility of ignoring crucial deadlines and jeopardizing your chance to recover maximum compensation.

Insurance

The advancements in medicine have made childbirth much safer but there are dangers. Doctors and other professionals in the medical field must be aware of how to avoid making mistakes that could cause long-lasting damage for both mother and child. If they fail to do so then, they could be held accountable for their negligence and have to pay damages.

Birth injury attorneys can help parents get fair compensation for future and past medical expenses and other damages that are not economic, like pain and suffering. Their expertise also aids in settlement negotiations for insurance claims and in avoiding the aggressive tactics malpractice insurers use to limit payouts. If necessary an attorney is needed, they can bring your case to the court.

Birth injury cases are usually settled out of court. A medical malpractice lawyer can build a solid claim for compensation by reviewing medical records of the child, and hiring medical experts.

A New York City birth injury lawyer can look over medical documents and request reports and diagnostic studies to determine the extent of the injuries and identify defendants. This could include the obstetrician or nurses, doctors, surgeons and hospitals involved in the delivery and birth injury law firms. In certain states, parents are able to apply for a state-sponsored program which provides compensation to children who suffer certain birth injuries like brain damage or paralysis.