Birth Injury Attorneys

Medical advances have made childbirth more safe, but there are still risks. However, even minor medical errors can have lifelong consequences for both the mother and baby.

A birth injury lawyer can assist you in recovering damages. These could include past, future and ongoing medical expenses, ongoing treatments expenses and other damages in the form of money.

Medical Malpractice

A birth injury can have devastating effects that can last a lifetime. A successful lawsuit can help parents obtain justice and secure compensation for the future treatment of their child if a medical mistake caused the injury.

The first step to pursue an action for medical malpractice is to locate a seasoned lawyer. A good birth trauma lawyer will work with medical professionals, and will examine records to identify potential malpractice. They will also be able to answer all your questions and discuss the case in detail with you.

Medical negligence claims are often complicated and birth injury law firm require difficult witnesses. Hospitals, doctors and insurance companies have lawyers on their side, who are trained to refuse or reduce payments. It is essential to find a lawyer who is able to take on these powerful adversaries.

There are four parts of a medical negligence claim: duty, breach of duty, causation and damages. A skilled birth injury lawyer will work with you to gather evidence and build strong legal arguments in support of each of these elements.

In a case of birth-related injury the main requirement is to prove that you had a professional relationship between your doctor and you. This could be done by using medical documents or hospital invoices. The next step is to establish that the doctor had the duty to perform his duties with reasonable skill and care that you would expect from a different medical provider in the same situation.

Birth Injury

A birth injury lawyer can assist a family to file an action for medical malpractice against the hospital or doctor that acted in negligence during labor and delivery. A successful legal case could result in financial compensation which can aid a family in paying for their child's current and future medical expenses, lost wages and emotional trauma.

A competent birth injury lawyer will know how to review your child's medical records, identify any potential acts of negligence, and also hire experts (often other OB/GYN doctors) to look into the situation and provide their opinion on the degree of malpractice that occurred. After the experts have looked over your case your lawyer will be capable of determining who was accountable for the injuries and identify them as defendants in the lawsuit.

In New York and most other states there is a statute of limitations which sets the deadline for filing a claim. This is usually 30 months or 2 1/2 years after the incident.

During this time your attorney will work with your insurance company to negotiate an agreement on your behalf. If the insurance company refuses to pay a fair amount, your lawyer will file a lawsuit with the appropriate court to have a judge and jury decide on the issue. This is a complex process that should only be handled by a professional.

Medical Records

A medical mistake during childbirth may result in an injury. It's one of the most exciting moments. Minor to severe injuries could be long-lasting and affect the quality of life and development of a newborn. If you suspect that your child suffered an injury during birth due to medical negligence, you may file a claim to recover damages for future and past damages.

A medical malpractice claim requires the plaintiff to prove that a physician, nurse or any other healthcare professional breached 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 depending on the level of training and knowledge that they have. In most instances, it is required to hire expert witnesses who are able to establish the appropriate level of care in the situation.

Medical malpractice insurers are aware of how devastated parents can be following an accident that has left them devastated, and they have teams of attorneys who dedicate their time to reduce or deny payments on claims. As such, it is essential to speak with a New York birth injury attorney as soon as possible. If you begin the process early, you will avoid the possibility of missing crucial deadlines and ruining the chance of recovering the maximum amount of compensation.

Insurance

The advancements in medicine have made childbirth more secure however, there are still dangers. Doctors and other medical professionals in the field must be careful to avoid mistakes which could have lasting consequences for both the mother and the child. If they fail to do so then, they could be held responsible for negligence and must pay damages.

Birth injury lawyers can assist parents receive fair compensation for past, future and non-economic damages such as suffering and pain. Their expertise can also be helpful during settlement negotiations for insurance and in avoiding the aggressive strategies that insurance companies employ to limit payouts. A lawyer may also bring the case to trial, if necessary.

Birth injuries are typically resolved outside of court. A medical malpractice lawyer can build a solid claim for compensation by looking over medical records of the child, and hiring medical experts.

A seasoned New York City birth injury law firm can examine the medical records and request reports and diagnostic studies that evaluate the severity of the injuries, as well as identify the defendants. This could include the obstetrician as well as surgeons, nurses and doctors involved in the birth or delivery and the hospitals. In some states, parents may apply for a state program which provides compensation to children who suffer certain birth injury lawsuit injuries like brain damage or paralysis.