Birth Injury Attorneys

Medical advances have made childbirth more secure, but it is not without risk. However, even minor medical mistakes can have lifelong consequences for both the mother and baby.

An attorney who specializes in birth injuries can assist you in recovering damages for your losses. These could include past and future medical expenses, ongoing therapy costs and other financial damages.

Medical Malpractice

A birth injury can cause devastating effects that last a lifetime. If a medical issue caused the injury the lawsuit will help parents achieve a sense of justice and obtain the financial compensation their child will need for future medical needs.

Finding a skilled lawyer is the first step to seeking a claim for medical malpractice. A skilled birth trauma lawyer will work with medical professionals, and will examine documents to find out if there was any malpractice. They will also answer all your questions and discuss the case in detail with you.

Medical negligence lawsuits can be complex and require difficult witnesses. Hospitals, doctors, and insurance companies have lawyers on their side who are trained to deny or reduce the amount of compensation. It is important to find a lawyer that can stand up against these powerful opponents.

There are four components of a medical negligence claim duty, breach of duty, causation, and damages. An experienced lawyer for birth injuries will work with you to gather evidence and build strong legal arguments to support each of these elements.

In cases of birth injuries, the duty element involves proving that your doctor had an professional relationship with you. This can be accomplished by using medical documents or hospital invoices. The next step is to establish that you were owed a duty by the doctor to act with the skill and care expected of another medical provider.

Birth Injury

A birth injury attorney can assist a family to file an action for medical negligence against the hospital or doctor that committed an act of negligence during labor and delivery. A successful legal action could result in financial compensation to help the family pay for their child's medical expenses and future expenses, as well as lost earnings and emotional trauma.

A experienced birth injury lawyer will know how to review the medical records of your child, identify any potential acts of negligence, Birth Injury Attorneys and then hire experts (often other OB/GYN physicians) to examine the case and offer their opinions on whether malpractice occurred. After the experts have reviewed the case, your lawyer can determine who is responsible for the injuries. They will then name the defendants.

In New York and most other states, there is a statute of limitations which defines the time frame for filing claims. This usually is 30 months or 2 1/2 years after the malpractice.

During this period your attorney will be working with your insurance company to negotiate a settlement on your behalf. Your attorney will file a lawsuit in the appropriate court if the insurance company is unwilling to pay a reasonable amount. A jury and judge will then decide the matter. This is a complex procedure that should be handled by a professional.

Medical Records

A medical mistake during childbirth may result in injuries. It's 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 suspect that your child suffered an injury at birth due to medical malpractice, you can seek compensation for past and future damages.

A medical malpractice claim requires that the plaintiff prove that a physician, nurse or other healthcare professional has violated their duty of provide care. This means that the medical professional did not follow the standards of their profession and that of the medical community, according to the level of education and expertise they possess. In most instances, it's necessary to find expert witnesses who are able to determine the appropriate standard for the case.

Medical malpractice insurance companies are aware of how distraught parents can be following an accident that causes serious injury to the baby and birth injury attorneys usually have teams of lawyers working 24/7 to reduce or deny payments on claims. Therefore, it is imperative to consult a New York birth injury attorney whenever you can. You can avoid missing important deadlines and reduce your chances of receiving maximum compensation by starting the process as early as you can.

Insurance

The advancements in medicine have made childbirth a safer process, but it is not without risk. Doctors and other medical professionals in the field must be cautious to avoid making mistakes that could have long-lasting consequences for both the mother and the child. If they fail to do so take care, they could be held liable and have to pay for damages.

Birth injury lawyers can assist parents receive fair compensation for past and future medical expenses, as well as non-economic damages, such as pain and suffering. Their expertise is also helpful during insurance settlement negotiations, and can assist in avoiding the aggressive tactics that malpractice insurance companies employ to cut payouts. If necessary an attorney may make your case go to the court.

Many medical malpractice cases end up in court which is usually the case with birth injuries. A medical malpractice lawyer can make a solid claim for compensation by looking over 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 diagnostic reports and reports that evaluate the severity 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 may apply to a state-wide program that provides an indemnity for children who suffer certain birth injuries, like brain damage or paralysis.