Birth Injury Attorneys

An attorney who specializes in birth injuries can assist you in filing a medical malpractice lawsuit against a negligent obstetrician, nurse or hospital. They will request medical documents to determine if there is malpractice and then seek out experts to analyze the case.

Even minor medical errors during childbirth can lead to severe and preventable injuries that require years of treatment. A successful legal case can compensate families for these costs.

Proving Negligence

A birth injury attorney can assist you in filing an action in court, recover damages, and hold the negligent medical professionals accountable. This type of lawsuit is governed by personal injury or medical malpractice law and requires extensive investigation, expert testimony, and a trial. A successful birth injury case will include evidence establishing the defendants' duty of care, that they did not meet their duty, and that your child was injured as a result.

A knowledgeable and experienced lawyer can put together a strong case to prove negligence. They will prove that the medical professional did not act in accordance to the generally accepted practices of the community for professionals with their particular level of expertise and training and that his inaction caused the injuries to your child. It may be necessary to seek the opinion of a medical expert to establish the standard of medical treatment, and your attorney can seek out these experts for you.

Families who suffer from a birth injury can face tremendous financial and emotional stress. The cost of ongoing medical treatment and therapy to treat a child's injuries can drain a family's savings. An experienced lawyer for birth injuries can review your family’s finances and medical needs throughout your life and negotiate a settlement which will cover all your expenses. They can also negotiate with insurance companies and their lawyers to avoid lowball settlements. They can also request medical records and ensure that they aren't destroyed or altered.

Collecting Evidence

Although advances in medicine have made childbirth more secure than it used to be mothers and their infants are exposed to a degree of risk every time they labor. New York law requires that doctors, including obstetricians and other medical professionals attending the birth, act with reasonable care to avoid making mistakes that could result in long-lasting effects or even permanent ones. If they do not follow this they could be held liable for an action seeking financial compensation.

Making a convincing case is critical. A good birth injury lawyer will work with a team of experts to look over medical records, birth injury lawsuits diagnoses, treatment, and other evidence to determine if the doctor breached the standards of their profession's care. This is key to a successful case.

If the actions of a doctor resulted in a serious injury We will seek damages for future and past medical costs, loss of income and emotional distress, as well as other losses. We will also seek compensation for any additional costs you've incurred or incur to care for your child as they grow for example, therapy sessions and special education.

In the course of litigation it is not uncommon for the defendants or their insurance companies to try and blame or conceal small details. An experienced attorney is able to counter these attempts to ensure that the verdict accurately reflects the accountability of the medical provider.

Preserving Evidence

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

Your lawyer can assist you in gathering the evidence needed to show negligence and make a strong case for compensation. They can also secure evidence for trial and Birth injury lawsuits make sure that the case meets legal standards.

If medical professionals fail to follow the standard of care, patients could be devastated by injuries and losses. Birth injury lawyers can assist you to hold medical workers accountable and obtain compensation for all life expenses for care and income loss. They can also help you with emotional distress and other damages.

Once the initial consultation is completed, the attorney will have a better idea of whether they think you stand a chance of winning your lawsuit and will offer suggestions on how to move forward. They can also look over your case, and begin the process of getting records from the medical field and soliciting expert opinions to be provided.

Your lawyer will manage all correspondence with insurers and oversee the claims process to keep you from missing deadlines. They can also assist you negotiate an acceptable settlement that fairly represents your losses. They can also fight insurers who try to force you into accepting low-cost deals. If a settlement is not agreed upon, they may file a lawsuit to pressure the insurers.

Filing a Lawsuit

The legal action you take against the medical professional accountable for the injury of your child could aid in obtaining compensation to cover lifetime care expenses and losses. Medical malpractice claims can be difficult and time-consuming. A good lawyer will handle all communications with insurers, and will manage your family's legal case to avoid costly delays.

Your lawyer will have to prove that your doctor owed you a duty of care and that he or she breached that duty, and that your child suffered harm as a consequence of the breach. It is necessary to collaborate with a team of medical experts to establish the standard of care you should receive and how your doctor failed to meet it.

In addition to doctors and nurses and midwives can also be defendants in birth injury lawsuits. Some midwives are licensed and trained professionals who can assist with normal pregnancies. However, New York law requires that they transfer care to an obstetrician when complications occur during delivery or in the event that a risk assessment indicates that the mother is at a high risk.

A birth injury lawyer can help you create a case based on evidence and also obtain expert testimony to support your claim. Most birth injury law firm injury lawyers work on an hourly basis. They finance all costs related to your case and only get paid if they recover compensation for you. A contingency fee percentage can range from 33%-40% of the total settlement.