Birth Injury Attorneys

Modern medicine has made childbirth more secure, but it still comes with risks. Even minor medical mistakes could have long-lasting consequences for both the baby and mother.

A birth injury lawyer can help you recover damages. 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 can have devastating effects that can last a lifetime. If a medical error caused the injury and a successful lawsuit could aid parents in achieving an understanding of justice and recover financial compensation for their child's future healthcare needs.

The first step to pursue a medical malpractice claim is to find a skilled lawyer. A reputable 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 thoroughly with you.

Medical negligence lawsuits typically require a lot of work and difficult witnesses. Teams of lawyers are on the side of doctors, hospitals, and insurers who are trained to decrease or eliminate payments. It is important to locate an attorney who is able to take on these powerful opponents.

A medical malpractice claim has four parts: duty, breach, causation, and damages. A birth injury lawyer who is experienced will assist you in gathering evidence and create strong legal arguments to support each of these elements.

In the case of a birth injury the primary requirement is to establish that you had a professional relationship with your doctor and yourself. This can be done using medical documents or hospital invoices. The next step is to prove that you were required to fulfill an obligation by your doctor to act with the care and skill of another medical provider.

Birth Injury

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

A competent birth injury lawyer will know how to review the medical records of your child and identify any possible acts of negligence and hire experts (often other OB/GYN doctors) to look into the situation and offer their opinions regarding whether there was malpractice. After the experts have analyzed your case your lawyer will be in a position to determine who was responsible for the injuries, and then name them as defendants in the lawsuit.

In New York and most other states there is a statute of limitation that specifies the deadline for filing an action. For birth injury claims, this usually is 30 months or two and a half (2-1/2) years following the time that the medical malpractice occurred.

During this time your attorney will work with your insurance company to negotiate an agreement on your behalf. If the insurance company refuses to pay a reasonable amount, your attorney will file a lawsuit with the appropriate court to have a judge and jury decide the matter. This is a complicated process that should only be handled by a professional.

Medical Records

A medical mistake during childbirth may result in injuries. It's one of the most thrilling moments. The injuries can range from minor to severe, and often have lasting consequences for a newborn's growth and quality of life. If you think that your child suffered injuries to their birth due medical malpractice, you can file a claim to recover damages for future and past damages.

A medical malpractice case demands that the plaintiff demonstrate that a nurse, doctor or any other healthcare professional breached their duty to care. This means that the medical professional failed to follow the standards of their profession and the rest of the medical community, in light of the knowledge and training they possess. In most cases, it is necessary to employ expert witnesses who are able to establish the appropriate standards in the case.

Medical malpractice insurers are aware of the utter devastation parents feel after a serious birth accident and have teams of attorneys who work full-time to stop or reduce payments on claims. Therefore, it is vital to consult an New York birth injury attorney as soon as possible. You can avoid missing important deadlines and diminishing your chances of recovering maximum compensation by beginning the process as early as possible.

Insurance

Medical advances have made childbirth a relatively safer process, but it still poses risks. Doctors and other professionals working in the medical field must be aware of how to avoid making mistakes that could have long-lasting consequences for both the mother and child. If they don't then, they could be held liable for negligence and are required to pay for damages.

Birth injury lawyers can help parents obtain fair compensation for future, past and non-economic injuries like pain and suffering. Their expertise also aids in settlement negotiations for insurance claims and in avoiding the aggressive tactics that insurers employ to limit payouts. A lawyer may also bring the case to trial if necessary.

Many medical malpractice cases end up in court and this is typically applicable to birth injury cases. However, a skilled medical malpractice lawyer can create a convincing case for compensation by looking over the medical records of the child and obtaining medical experts examine them.

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