Birth Injury Attorneys

While advances in medicine have made birthing a more secure process, it's not without dangers. Even the smallest of mistakes in medicine can have long-lasting consequences for both the mother and baby.

A lawyer for birth injuries can help you recover damages. This could include current, future and past medical expenses, ongoing therapies costs, and other financial damages.

Medical Malpractice

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

Finding a skilled lawyer is the first step to seeking a claim for medical negligence. A good birth trauma lawyer will work with medical professionals and review 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 are often complicated and require difficult witnesses. Teams of lawyers are on the side of doctors, hospitals and insurance companies that are trained to reduce or even deny payment. It is essential to find an attorney who is able to tackle these formidable adversaries.

There are four elements to a medical malpractice claim: duty, breach of duty, causation, and damages. A birth injury lawsuits injury lawyer with experience can assist you in gathering evidence and build strong legal arguments that support each of these elements.

In the case of a birth injury, the first step is to establish that your doctor had an established professional relationship with you. This can be accomplished using medical records or hospital bills. It is then necessary to prove that the doctor has the obligation to act with reasonable care and skill that would be expected from a different medical provider in the same circumstance.

Birth Injury

A birth injury lawyer can assist a family bring an action for medical malpractice against a hospital or doctor who was negligent during labor and delivery. A successful legal case could result in financial compensation that can help families pay for their child's future and current medical expenses, lost wages, and emotional trauma.

A skilled birth injury lawyer will be able to review the medical records of your child, determine any possible negligence and then hire experts to examine the case. Experts are usually other OB/GYN physicians who can provide their opinion on the extent of malpractice. Once the experts have reviewed your case, your lawyer will be able to determine who was accountable for the injuries and identify them as defendants in the lawsuit.

In New York and most other states, there is an statute of limitations that specifies the deadline for filing a claim. It usually lasts 30 months or 2 1/2 years following the malpractice.

During this period your attorney will work with your insurance company to negotiate an agreement on your behalf. If the insurance company is unwilling to pay a reasonable amount, your attorney will file a lawsuit in the appropriate court to decide whether a jury or a judge will decide the issue. This is a lengthy process that should only be handled by a professional.

Medical Records

The birth of a child is one of the most exciting events in the life of a person but it can also turn into an incredible nightmare if an error made by a doctor during labor and delivery causes an injury. The injuries can range from minor to severe, and can have lasting impacts on a baby's development and quality of life. If you suspect that your child sustained an injury at birth due to medical negligence, you may seek compensation for future and past damages.

A medical malpractice claim requires that the plaintiff prove that a physician, nurse or other healthcare professional acted in violation of their duty of care. The medical professional failed to act according to the standards of their profession and the rest according to their level of training and knowledge. Generally, it will be essential to have experts as witnesses to help determine the proper standards of care in the case.

Medical malpractice insurers are well aware of how distraught parents can be following an injury to their baby and usually have a team of attorneys working full time to reduce or deny payments on claims. It is crucial to speak with a New York birth injuries attorney as soon as you can. You can avoid missing important deadlines and diminishing your chances of obtaining maximum compensation by beginning the process as early as you can.

Insurance

The advancements in medicine have made childbirth a lot safer however, there are still dangers. Doctors and other medical professionals must act with care to avoid mistakes that could have lifelong consequences for the mother and baby. If they don't do so, they could be held accountable and may have to pay damages.

Birth injury lawyers can assist parents obtain fair compensation for future, past and non-economic injuries like pain and suffering. Their experience is also useful in negotiations for insurance settlements, and could help avoid aggressive strategies that malpractice insurers employ to cut payouts. If necessary an attorney could make your case go to court.

Birth injury cases are usually settled out of court. A medical malpractice lawyer can construct 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 will review the medical records and request reports and diagnostic studies which analyze the severity of the injuries, and also identify the defendants. This could include the obstetrician, nurses, doctors and surgeons involved in the birth or delivery as well as the hospitals. In certain states, families can apply to a state-wide program that will provide an indemnity for children suffering from certain birth injuries, for example brain damage or paralysis.