Birth Injury Attorneys

While medical advances have made birthing a more secure process, it's not without dangers. Even minor medical errors can have long-lasting consequences for both baby and mother.

A birth injury lawyer can help you recover damages for your losses. These can include past, future and ongoing medical expenses, ongoing therapies costs and other monetary damage.

Medical Malpractice

A birth injury can result in devastating consequences that last for the rest of your life. A successful lawsuit could help parents receive justice and recover compensation for the future care of their child if an error in medicine caused the injury.

Locating a competent lawyer is the first step to filing a claim for medical negligence. A reputable birth trauma lawyer will work with medical experts and review the records to discover any potential malpractice. They will also discuss the case in depth with you and answer any questions you may have.

Medical negligence claims can be complicated and involve difficult witnesses. Hospitals, doctors as well as insurance companies have teams of lawyers on their side, who are trained to refuse or decrease payments. It is crucial to find an attorney that can take on these powerful opponents.

There are four components of a medical negligence claim: duty, breach of duty, causation and damages. An experienced birth injury lawyer will assist you to collect evidence and create strong legal arguments to support each of these elements.

In the case of a birth injury the main requirement is to establish that you had a professional relationship between your doctor and yourself. This can be accomplished by using medical records or hospital invoices. It is then necessary to prove that the doctor was obligated to you the duty to perform his duties with reasonable skill and care that you would expect from a medical professional in the same circumstance.

Birth Injury

A birth injury lawyer can assist a family in filing a medical malpractice claim against the doctor or hospital who acted with negligence during labor and birth. A successful legal case could result in financial compensation that could help families pay for their child's future and current medical expenses, lost wages and emotional trauma.

A experienced birth injury lawyer will know how to go through the medical records of your child and determine any potential instances of negligence and hire experts (often other OB/GYN doctors) to review the case and provide their opinion on whether malpractice occurred. After the experts have examined your case and your lawyer has reviewed the case, they will be capable of determining who was responsible for the injuries and name them as defendants in the lawsuit.

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

During this period your attorney will negotiate an agreement with your insurance company on your behalf. If the insurance company is unwilling to pay a fair amount, your lawyer will file a suit in the appropriate court to have a judge and jury decide on the matter. This is a difficult procedure that should be handled by a trained professional.

Medical Records

The birth of a child is among the most exciting times in a person's life, but it can become a nightmare if a medical error during labor and delivery causes an injury. Minor to severe injuries could have a long-lasting impact on the quality of life and development of a newborn. If you believe that your child was injured during birth due to medical negligence, you may make an action to seek compensation.

A medical malpractice case requires the plaintiff to show that a nurse or doctor breached their duty of medical care. This means that the medical professional failed to comply with the standards of their profession and that of the medical profession, depending on the level of education and experience they have. In general, it is required to involve experts as witnesses to help determine the proper standard of care for the case.

Medical malpractice insurance companies are aware of how frightened parents can be after a serious birth injury and typically have a team of lawyers working full time to block or limit payments on claims. It is essential to speak with a New York birth injuries attorney immediately. You can avoid missing important deadlines and reduce your chances of receiving maximum compensation by beginning the process as early as you can.

Insurance

The advancements in medicine have made childbirth more secure but there are risks. Medical professionals and doctors must act with care to avoid errors which could have lasting consequences for both the mother and baby. If they fail to do so, they may be held accountable and required to pay for damages.

Birth injury lawyers can assist parents get fair compensation for past, future and non-economic damages such as pain and suffering. Their experience also helps during settlement negotiations for insurance claims and in avoiding the aggressive tactics used by insurers to decrease payouts. If needed an attorney could present your case in court.

Birth injury cases are typically settled outside of court. However, a skilled medical malpractice lawyer can make an argument for compensation by looking over the child's medical records and obtaining medical experts review them.

A New York City birth injury lawyer can look over medical records, request reports and diagnostic studies to determine the extent of injuries and identify the defendants. They could be the obstetrician and nurses, doctors, surgeons, and hospitals involved in the birth and delivery. In certain states, families can apply to a state program that will provide an indemnity for children suffering from certain birth injuries, such as brain damage and paralysis.