Birth Injury Attorneys

A birth injury lawyer can help you file a claim for medical negligence against a negligent obstetrician or nurse or hospital. They will ask for medical records to determine if there was malpractice and then consult with experts to review the case.

Minor medical errors during childbirth can cause serious and preventable injuries that require years of treatment. Families may be compensated for the costs involved through a successful legal claim.

Proving Negligence

A birth injury lawyer can assist you to file legal claims, recover damages, hold negligent healthcare professionals accountable. This type of lawsuit falls within the personal injury or medical negligence law and requires a lengthy investigation, expert witness testimony, and a court trial. Evidence will be required to show that the defendants violated their duty of care and caused harm to your child.

An experienced and qualified lawyer can build an airtight case to prove negligence by proving that the medical professional did not adhere to generally accepted practices in the community for professionals of their level of training and experience and that the failure caused the injuries to your child. Your attorney can help you locate a medical professional who can establish the proper standard of care.

Families who experience injuries at birth injury lawsuit could be facing a huge financial and emotional stress. Medical costs and therapy for a child can drain families' savings. An experienced birth injury lawyer can review your family’s finances and medical needs for the rest of your life to negotiate a settlement which covers all your expenses. They can also manage communications with insurers and lawyers on your behalf to prevent low-ball settlement offers. They can also request medical records on your behalf and ensure that the records are not lost or changed.

Collecting Evidence

While medical advances have made childbirth more secure than it was previously mothers and their infants are exposed to a level of risk in each labor. New York law requires obstetricians and other medical professionals attending the birth to act with reasonable care and avoid making mistakes that could result in long-lasting or even permanent repercussions. If they fail to adhere to this, they could be held accountable for a lawsuit seeking financial compensation.

The ability to build a strong argument is essential. A reputable birth injury lawyer will work with a team of experts to examine medical records and diagnoses, treatments, and other evidence to determine if doctors breached the standards of their profession's care. This is the foundation of the success of a lawsuit.

If the doctor's actions caused injuries to your child, we will seek damages for your child's future and past medical expenses, loss of income, emotional distress, and other losses. We will also seek compensation to cover any additional costs that you have incurred, or are likely to be forced to pay in the future for the care of your child. This includes therapy sessions and other educational programs.

During the trial it is not uncommon for defendants or their insurance companies to try and blame others or to misrepresent the facts in a small way. An experienced attorney is able to defy these attempts to ensure that the final verdict accurately represents the responsibility of the medical professional.

Conserving Evidence

The most important thing to do in a medical malpractice lawsuit is to collect and save evidence. This includes eyewitness testimony, photographs, statements, and expert testimony.

Your lawyer can help you gather the evidence required to demonstrate negligence and assist you to make a strong case for compensation. They can also keep evidence for trial and ensure that the case meets legal standards.

If medical professionals fail follow the standard of care, patients could suffer catastrophic injuries and losses. Birth injury lawyers can help hold medical workers accountable and seek compensation for life-long medical expenses and income loss. They can also assist you with emotional distress and other damages.

Once the initial meeting is completed the lawyer will have a better sense of whether they believe you stand a chance of winning your lawsuit and can make recommendations on how to move forward. In addition, they will review your case and start the process of gathering medical records and organizing experts to give their opinions on the claim.

Your lawyer will also handle all communications with insurers and handle the claims process to avoid missing critical deadlines. They can also assist in negotiating a fair settlement which represents your losses. They can also take on insurance companies who attempt to pressurize you into accepting lowball deals. If a settlement is not reached, they can file a lawsuit to put pressure on the insurers.

Filing a Lawsuit

It is possible to get compensation for the lifelong expenses of caring for your child and any losses. Unfortunately medical malpractice cases are complicated and time consuming. A skilled lawyer will handle your case and coordinate with the insurers to prevent delays.

Your lawyer will have to prove that your doctor was obligated to you by a duty of care, that he/she violated the duty, and that your child suffered harm as a result of the breach. This requires collaborating with a team of medical experts to establish the standard of care and how your doctor was not up to the standard.

Midwives can be sued in addition to nurses, doctors and other defendants. While some are trained, licensed professionals who can assist with normal pregnancy, New York law states that they must transfer care to obstetricians when complications develop during the delivery or if there is a risk assessment that indicates the mother is at a high risk.

Hiring a birth injuries injury attorney can help you create an evidence-based argument and secure expert evidence to support your claim. Most birth injury attorneys operate on a contingency fee basis. They finance all costs related to your case and only pay when they are able to recover compensation for you. The percentage of contingency fees ranges from 33%-40% of the total settlement.