Birth Injury Attorneys

While medical advances have made birthing a safer process, it still has dangers. Even minor medical mistakes can have long-lasting effects for both the baby and mother.

A birth injury lawyer can assist you in recovering damages. These could include future and past medical expenses, ongoing therapy costs and other financial damages.

Medical Malpractice

A birth injury can have devastating effects that can last for a lifetime. A successful lawsuit can help parents get justice and obtain compensation for the future care of their child in the event that an error in medical care caused the injury.

Finding a reputable lawyer is the first step to seeking a claim for medical malpractice. A skilled birth trauma attorney will work with medical experts and look over 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 complicated issues and difficult witnesses. Doctors, hospitals as well as insurance companies have lawyers on their side who are trained to deny or reduce the amount of compensation. It is important to find an attorney who is able to tackle these formidable adversaries.

A medical malpractice claim consists of four parts: duty, breach, causation, and damages. An experienced birth injury lawyer will assist you to gather evidence and build strong legal arguments in support of each of these elements.

In the case of a birth injury the main requirement is to prove that you had a professional relationship between your doctor and you. This can be accomplished using medical documents or hospital bills. The next step is to prove that you were required to fulfill an obligation by the doctor to act with the competence and professionalism by a medical professional.

Birth Injury

A birth injury lawyer can assist the family file a medical negligence lawsuit against a medical professional or hospital who acted negligently during labor and birth. A successful legal action could result in financial compensation to help families pay for the medical costs of their child and future expenses, in addition to lost wages and emotional trauma.

A skilled birth injury lawyer can review the medical documents of your child, pinpoint any negligence-related issues and then hire experts to investigate the case. Experts are usually other OB/GYN physicians who can provide their opinion on whether malpractice took place. After the experts have examined your case your lawyer will be able to determine who was accountable for the injuries and naming them as defendants in the lawsuit.

In New York and most other states, there is a statute of limitations that stipulates the deadline to file a claim. This usually is 30 months or 2 1/2 years after the malpractice.

During this time your attorney will negotiate with your insurance company to negotiate a settlement on your behalf. Your attorney will then file a suit in the appropriate court in the event that the insurance company refuses to pay a reasonable amount. A jury or judge will then decide on the issue. This is a complicated process that should be handled by a trained professional.

Medical Records

A medical mistake during childbirth can cause injuries. It is one of life's most exciting moments. Minor or severe injuries can be long-lasting and affect the quality of life and the development of a newborn. If you believe that your child is suffering from a birth-related injury due to medical negligence, you are able to bring an action to recover compensation.

A medical malpractice case demands that the plaintiff prove that a physician, nurse or any other healthcare professional breached their duty to take care of patients. The medical professional has not acted in accordance with the standards of the profession, and the rest, based on their level of training and expertise. In most cases, it is essential to find experts to testify on behalf of the client to establish the appropriate level of care in the situation.

Medical malpractice insurers are well aware of how overwhelmed parents can be following an injury to their baby and have teams of lawyers who are on call 24/7 to block or limit payments on claims. This is why it's imperative to consult an New York birth injury attorney whenever you can. You can avoid missing important deadlines and decrease your chances of obtaining maximum compensation by beginning the process as soon as you can.

Insurance

The advancements in medicine have made childbirth relatively safer but there are dangers. Medical professionals and doctors must exercise caution to avoid errors which could have lasting consequences for the mother as well as the baby. If they do not take care, they could be held accountable and may have to pay for damages.

Birth injury lawyers can assist parents obtain fair compensation for past, future and non-economic injuries like suffering and pain. Their expertise is also helpful in negotiations for insurance settlements, and can help avoid aggressive tactics that malpractice insurance companies use to reduce the amount of money they pay. If necessary an attorney may bring your case to court.

Birth injury cases are usually settled out of court. However, a knowledgeable medical malpractice lawyer can make an argument for compensation by reviewing the child's medical records and hiring medical experts to examine them.

A seasoned New York City birth injury law firm will review the medical records and request diagnostic and reports that analyze the extent of the injuries as well as identify the defendants. They could include the obstetrician or nurses, doctors, surgeons as well as hospitals involved in the delivery and birth. In certain states, parents may apply for a state program which provides compensation to children who suffer from certain birth injuries, including brain damage or paralysis.