Birth Injury Attorneys

Although medical advances have made birthing a more secure procedure, it is not without risks. Even small medical mistakes can have lasting consequences for both the mother and baby.

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

Medical Malpractice

A birth injury can result in devastating consequences that last for the rest of your life. If a medical error caused the injury the lawsuit will help parents achieve a sense of justice and obtain financial compensation for their child's future needs for care.

The first step to pursue an action for medical malpractice is to find an experienced lawyer. A reputable lawyer for birth trauma will collaborate with medical professionals, and will examine records to identify potential malpractice. They will also answer all your questions and discuss the case thoroughly with you.

Medical negligence cases can be complicated and require difficult witnesses. Teams of lawyers are on the side of doctors, hospitals and insurance companies, who are trained to limit or deny payments. It is essential to locate a lawyer who has the ability to take on these powerful adversaries.

A medical malpractice lawsuit has four components: duty, breach, causation and damages. An experienced birth injury lawyer will assist you to gather evidence and create strong legal arguments to support each of these elements.

In the case of birth injuries the legal requirement is to establish that you had a professional relationship with your doctor and yourself. This could be accomplished through medical records or hospital bills. The next step is to prove that you are owed the duty by the doctor to act with the care and skill of another 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 acted in negligence during labor and birth. A successful legal action could result in financial compensation that helps a family cover the medical expenses of their child as well as future expenses, as well as the loss of wages and emotional trauma.

A skilled birth injury lawyer will know how to review the medical records of your child, identify any potential acts of negligence and employ experts (often other OB/GYN physicians) to review the case and give their opinion regarding whether there was malpractice. Once the experts have reviewed the case, the lawyer will determine who is responsible for the injuries. They will then identify the defendants.

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

During this period, your attorney will work with your insurance company to negotiate an agreement on your behalf. Your attorney will then file a suit in the appropriate court in the event that the insurance company does not agree to a reasonable amount. A jury and judge will then decide the matter. This is a lengthy procedure that should only be handled by an experienced professional.

Medical Records

A medical error during childbirth can cause injuries. It is one of life's most exciting moments. Minor to severe injuries could be long-lasting and affect the quality of life and development of a baby. If you believe that your child suffered an injury at birth due to medical negligence, you may seek compensation for future and past damages.

A medical malpractice case requires the plaintiff to prove that a nurse, doctor or other healthcare professional acted in violation of their duty of care. The medical professional not acted in accordance with the standards of the profession, and the rest, based on their level of training and knowledge. In the majority of cases, it is necessary to find experts who are able to determine the appropriate level of care in the situation.

Medical malpractice insurers are well aware of how distraught parents can feel following a serious birth injury, and they typically have a team of lawyers working full time to block or limit payments on claims. This is why it's essential to speak with an New York birth injury attorney as soon as possible. If you begin the process early, you can avoid the possibility of not meeting crucial deadlines and ruining your chance to recover the maximum amount of compensation.

Insurance

The advancements in medicine have made childbirth much safer but there are dangers. Doctors and other medical professionals in the field must be cautious to avoid errors that could result in long-lasting harm for both mother and child. If they fail to do so, they can be held accountable for their negligence and have to pay damages.

Birth injury lawyers can assist parents get fair compensation for past, future and non-economic damages such as suffering and pain. Their expertise is also helpful in negotiations for insurance settlements, and could help avoid aggressive tactics that malpractice insurance companies employ to decrease payouts. If needed an attorney could make your case go to court.

Birth injury cases are usually settled out of court. A medical malpractice lawyer can create a solid claim for compensation by looking over medical documents of the child and hiring medical experts.

An experienced New York City birth injury law firm can examine the medical records and request diagnostic and reports that analyze the extent of the injuries and also identify the defendants. This could include the obstetrician and surgeons, nurses and doctors involved in the birth or delivery, as well as the hospitals. In certain states, families can apply to a state-wide program that offers an indemnity for children who suffer from certain birth injuries, like brain damage or paralysis.