Birth Injury Attorneys

Medical advances have made childbirth more secure, but it is not without risk. Unfortunately, even the tiniest of mistakes made during birth can have lasting consequences for both mother and baby.

An attorney for birth injuries can assist you in obtaining damages for your losses. This can include past and future medical expenses as well as ongoing therapy costs and other damages in the form of money.

Medical Malpractice

Birth injuries can have devastating consequences that last a lifetime. A successful lawsuit can help parents get justice and secure compensation for the future care of their child, if an error in medical care caused the injury.

The first step to pursue the medical malpractice claim is to locate an experienced lawyer. A reputable lawyer for birth trauma will collaborate with medical professionals, and will examine the records to determine whether there is any potential for malpractice. They will also discuss the situation with you in detail and answer any questions you have.

Medical negligence claims often require a lot of work and difficult witnesses. Teams of lawyers are on the side of doctors, hospitals and birth injury law firm insurance companies who are trained to limit or even deny payment. It is essential to locate a lawyer who has the ability to defend these powerful adversaries.

There are four parts of a medical malpractice claim obligation, breach of duty, causation and damages. An experienced birth injury lawyer will work with you to collect evidence and create strong legal arguments to support each of these elements.

In a birth-injury case the legal requirement is to prove that you had a professional relationship between your doctor and yourself. This can be accomplished using medical documents or hospital bills. It is then important to establish that the doctor had a duty to act with reasonable care and skill that would be expected from a medical professional in the same situation.

Birth Injury

A birth injury law firm injury lawyer can assist families file a medical malpractice suit against a medical professional or hospital who acted negligently during labor and delivery. A successful legal action may result in financial compensation that can help a family pay for their child's present and future medical expenses, lost wages, and emotional trauma.

A competent birth injury lawyer will know how to review the medical records of your child and find any potential acts of negligence, and then hire experts (often other OB/GYN doctors) to look over the case and offer their opinions on the degree of malpractice that occurred. Once the experts have reviewed your case, your lawyer will be able to determine who was accountable for the injuries and name them as defendants in the lawsuit.

In most states, including New York, there is a deadline for filing an injury claim with the court, also known as the statute of limitations. This usually is 30 months or 2 1/2 years following the incident.

During this period your attorney will negotiate an agreement with your insurance company on behalf of you. If the insurance company refuses to pay a fair amount, your attorney will file a suit in the appropriate court to have a judge and jury decide on the issue. This is a difficult process that should only be handled by an experienced professional.

Medical Records

A medical error during childbirth could result in an injury. It is one of life's most exciting moments. Minor or severe injuries can be long-lasting and affect the quality of life and birth injury law firm the development of a newborn. If you believe that your child has suffered an injury related to birth due to medical negligence, you may claim compensation.

A medical malpractice lawsuit demands the plaintiff to prove that a doctor or nurse breached their duty of medical care. The medical professional has failed to act according to the standards of their profession, and the rest, based on their level of education and experience. Generally, it will be required to involve experts to help determine the proper standards of care in the case.

Medical malpractice insurers are aware of how devastated parents are following a birth injury that is serious and have attorneys on staff who are on call 24/7 to deny or lower payments on claims. Therefore, it is important to talk with a New York birth injury attorney immediately. If you begin the process in the early stages, you will not run the risk of missing crucial deadlines and jeopardizing your chances of receiving the maximum amount of compensation.

Insurance

Medical advances have made childbirth a relatively safer experience, but there are still risks. Medical professionals and doctors should be careful to avoid mistakes that could cause permanent harm for the mother and baby. If they do not, they may be held liable and have to pay for damages.

Birth injury lawyers can assist parents obtain fair compensation for past, future and non-economic losses like pain and suffering. Their expertise can also be helpful during settlement negotiations with insurance companies and in avoiding the aggressive strategies that insurance companies employ to cut payouts. If necessary, an attorney can also take your case to court.

A lot of medical malpractice claims end up in court, and this is often applicable to birth injury cases. However, a seasoned medical malpractice lawyer can make an argument for compensation by examining the medical records of the child and obtaining medical experts look them over.

An experienced New York City birth injury law firm can examine the medical records and request reports and diagnostic studies which analyze the severity of the injuries as well as identify the defendants. This could include the obstetrician, surgeons, nurses, and doctors involved in the delivery or birth and the hospitals. In some states, families can apply for a state-sponsored program that will provide an indemnity for children suffering from certain birth injuries, for example brain damage or paralysis.