Birth Injury Attorneys

While advances in medicine have made birthing a more secure process, it's not without risks. However, even minor mistakes in medicine can have long-lasting consequences for both mother and baby.

An attorney for birth injuries can assist you in recovering damages for your losses. These can include current, future and past costs for medical treatment, ongoing expenses and other damages in the form of money.

Medical Malpractice

A birth injury could have devastating effects that last a lifetime. A successful lawsuit can help parents obtain justice and secure compensation for the future care of their child, if an error in medicine caused the injury.

Finding a reputable lawyer is the first step to pursuing a claim for medical negligence. A reputable lawyer for birth trauma will work with medical professionals, and will examine documents to determine if there is a possibility of malpractice. They will also answer all your questions and discuss the case thoroughly with you.

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

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

In cases of birth injuries, the legal requirement is to prove that your doctor had a professional relationship with you. This can be done using medical records or hospital invoices. It is then necessary to prove that the doctor has the duty to perform his duties with reasonable skill and care that would be expected from another medical provider in the same circumstance.

Birth Injury

A birth injury attorney can help a family file a medical malpractice claim against the doctor or hospital who acted with negligence during labor and delivery. A successful legal claim can result in financial compensation to help the family pay for the medical expenses of their child as well as future expenses, in addition to lost wages and emotional trauma.

A experienced birth injury lawyer will be able to examine your child's medical records and identify any possible acts of negligence and employ experts (often other OB/GYN doctors) to review the case and offer their opinions on the degree of malpractice that occurred. After the experts have analyzed the case, your lawyer can determine who is responsible for the injuries. They will then identify them as defendants.

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

During this time your attorney will be working with your insurance company to negotiate an agreement on your behalf. If the insurance company is unwilling to pay a fair amount, your attorney will file a suit in the appropriate court to have a judge and jury decide the issue. This is a complex procedure that should be left to an experienced professional.

Medical Records

The birth of a child is one of the most exciting moments in a person's life but it can also turn into a nightmare if an error made by a doctor during labor or delivery causes an injury. The injuries can range from minor to serious, and they can have long-lasting impact on the development of a newborn and quality of life. If you believe your child suffered an injury at birth due to medical negligence, you may bring a claim in order to receive compensation for future and past damages.

A medical malpractice case demands that the plaintiff prove that a doctor or nurse violated their duty of care. This means that the medical professional failed to comply with the standards of their field and of the medical profession, depending on the level of education and experience they possess. In the majority of cases, it is necessary to engage experts who are able to establish the appropriate standard for the case.

Medical malpractice insurance companies know how distraught parents are after a birth injury that is serious, and they have lawyers on their teams who are on call 24/7 to deny or lower payments on claims. It is crucial to talk with an New York birth injuries attorney as soon possible. By beginning the process in the early stages, you will not run the possibility of not meeting crucial deadlines, and thus compromising the chance of recovering maximum compensation.

Insurance

Medical advances have made childbirth more secure but there are risks. Doctors and other professionals working in the medical field must be cautious to avoid errors which could have lasting consequences for both the mother and the child. If they don't do so, they may be held accountable for their negligence and be required to pay damages.

Birth injury lawyers can assist parents get fair compensation for future, past and non-economic damages like suffering and pain. Their experience is also useful during negotiations with insurance companies, and can assist in avoiding the aggressive tactics that malpractice insurers employ to decrease payouts. If needed an attorney may present your case in court.

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

An experienced New York City birth injury law firm can examine the medical records and request diagnostic studies and reports that analyze the extent of the injuries and also identify the defendants. These could include the obstetrician, nurses, surgeons, doctors and hospitals involved in the birth and delivery. In some states, families are able to apply to a state program that provides a guarantee for children who suffer certain birth injuries, like brain damage and paralysis.