Birth Injury Attorneys

Medical advances have made childbirth more secure, but it still comes with risks. Unfortunately, even the tiniest of mistakes in medicine can have long-lasting consequences for both mother and baby.

A birth injury lawyer will help you obtain damages for your losses. This can include future and past medical expenses, ongoing therapy costs and other damages in the form of money.

Medical Malpractice

A birth injury could have devastating effects that can last for the rest of your life. A successful lawsuit can help parents obtain justice and receive compensation for the future care of their child, if an error in medical care caused the injury.

The first step to pursue a medical malpractice claim is to locate an experienced lawyer. A reputable birth trauma lawyer will work with medical experts and review records to identify any potential malpractice. They will also be able to answer all your questions and discuss the case thoroughly with you.

Medical negligence claims can be complex and require difficult witnesses. Teams of lawyers are on the side of doctors, hospitals and insurance companies that are trained to cut or even deny payment. It is crucial to find a lawyer who is able to defend these powerful opponents.

A medical malpractice lawsuit has four parts: duty breach, causation, and damages. An experienced lawyer for birth injuries will work with you to gather evidence and create strong legal arguments in support of each of these elements.

In the case of a birth injury the primary requirement is to prove that you had a professional relationship with your doctor and yourself. This can be accomplished using medical records or hospital bills. The next step is to prove that you were owed the duty by the doctor to exercise the competence and professionalism of a different medical provider.

Birth Injury

A birth injury lawyer can assist families file a medical negligence lawsuit against a medical professional or hospital who committed negligence during labor and birth. A successful legal claim can result in financial compensation that helps a family cover their child's medical expenses and future costs, as well as the loss of wages and emotional trauma.

A competent birth injury lawyer will know how to review the medical records of your child and identify any possible acts of negligence, and then hire experts (often other OB/GYN doctors) to look into the situation and provide their opinion regarding whether there was malpractice. After the experts have examined your case and your lawyer has reviewed the case, they will be able to determine who was responsible for the injuries and naming 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 claims. For birth injury claims, this is usually 30 months or two and a half (2-1/2) years after the malpractice occurred.

During this period your attorney will negotiate a settlement with your insurance company on behalf of you. If the insurance company refuses to pay a reasonable amount, your lawyer will file a lawsuit with the appropriate court to decide whether a jury or a judge will decide on the matter. This is a lengthy procedure that should be handled by a trained professional.

Medical Records

A medical mistake during childbirth could result in an injury. It's one of life's most thrilling moments. The severity of injuries can vary from minor to serious, and often have lasting impacts on a baby's development and quality of life. If you believe your child suffered injuries to their birth due medical negligence, you may make a claim for compensation for past and future damages.

A medical malpractice claim demands that the plaintiff prove that a physician, nurse or other healthcare professional acted in violation of their duty of provide care. This means that the medical professional failed to conform to the standards of their profession and that of the medical community, based on the level of training and knowledge that they have. Generally, it will be necessary to get experts to help determine the proper standard of care for the case.

Medical malpractice insurance companies are aware of how frightened parents can be following an injury to their baby and typically have a team of lawyers working full time to stop or reduce the amount of money they pay on claims. It is vital to consult a New York birth injury attorney as soon as you can. By beginning the process early, you can reduce the possibility of not meeting crucial deadlines, and thus compromising your chances of receiving the maximum amount of compensation.

Insurance

The advancements in medicine have made childbirth a lot safer, but there are still dangers. Doctors and other professionals in the medical field must be careful to avoid making mistakes that could have long-lasting consequences for both mother and child. If they fail to do so, they can be held accountable for negligence and must pay damages.

Birth injury lawyers can help parents obtain fair compensation for future, past and non-economic injuries like suffering and pain. Their expertise is also helpful during insurance settlement negotiations, and could help avoid aggressive tactics that malpractice insurers employ to decrease payouts. If needed, an attorney can also take your case to court.

A lot of medical malpractice claims end up in court and this is typically the case for birth injuries. But a skilled medical malpractice lawyer can make a strong case to recover compensation by reviewing the child's medical records and obtaining medical experts review them.

A New York City birth injury lawyer can examine medical records, request reports and diagnostic studies to determine the extent of injuries and pinpoint the defendants. This could include the obstetrician, surgeons, nurses and doctors involved in the birth or delivery as well as hospitals. In some states, families can apply to a state program that will provide an indemnity for children who suffer from certain birth injuries, such as brain damage or paralysis.