Birth Injury Attorneys

Modern medicine has made childbirth safer, but it's not without risks. Unfortunately, even the tiniest of mistakes made during birth can have lasting consequences for both the mother and baby.

A lawyer for birth injuries can help you recover damages. This can include past and future medical expenses, ongoing therapy costs and other financial damages.

Medical Malpractice

A birth injury can result in devastating consequences that last for a lifetime. A successful lawsuit could help parents gain justice and secure compensation for the future treatment of their child if a medical mistake caused the injury.

Finding a skilled lawyer is the first step to filing a claim for medical negligence. An experienced birth trauma lawyer will collaborate with medical experts and look over documents to determine if there is any possibility of malpractice. They will also discuss the situation with you in detail and answer any questions you may have.

Medical negligence cases typically have complicated issues and difficult witnesses. Teams of lawyers are on the side of doctors, hospitals and insurance companies, who are trained to decrease or eliminate payments. It is important to find a lawyer that can fight these formidable adversaries.

A medical malpractice claim consists of four parts: duty breach, causation and damages. A skilled birth injury lawyer will assist you to gather evidence and create strong legal arguments to support each of these elements.

In the case of a birth injury, the first step is to establish that your doctor had an official relationship with you. This could be done using medical records or hospital invoices. The next step is to prove that the doctor has a duty to act with reasonable skill and care that would be expected from a medical professional in the same situation.

Birth Injury

A birth injury lawyer can help the family file an action for medical malpractice against a hospital or doctor who erred during labor and birth. A successful legal case could result in financial compensation which can help families pay for their child's future and current medical expenses, lost wages, birth injuries and emotional trauma.

A skilled birth injury lawyer will be able to review the medical documents of your child, identify any negligence-related issues and employ experts to review the case. Experts are usually other doctors in the field of OB/GYN who are able to give their opinion on whether malpractice occurred. After the experts have reviewed the case, the lawyer will determine who is responsible for the injuries. They will then identify the defendants.

In the majority of states including New York, there is an expiration date for filing an injury claim with the court, known as the statute of limitations. For birth injury claims, it is usually 30 months or two and one-half (2-1/2) years after the incident of medical malpractice.

During this time your attorney will be working with your insurance company to negotiate a settlement on your behalf. Your attorney will file a suit in the appropriate court if the insurance company is unwilling to pay a reasonable amount. A jury or judge will then decide the matter. This is a difficult procedure that should only be handled by an experienced professional.

Medical Records

The birth of a child is one of the most exciting events in a person's lifetime, but it can turn into a nightmare if a medical mistake during labor or delivery causes an injury. Minor or severe injuries can have a lasting impact on the quality of life and development of a newborn. If you suspect that your child has suffered a birth-related injury due to medical negligence, you are able to file an action to recover compensation.

A medical malpractice case demands that the plaintiff prove that a nurse or doctor breached their duty of care. The medical professional has not acted in accordance with the standards of their profession and the rest, based on their level of training and knowledge. Typically, it is necessary to engage expert witnesses who can help establish the appropriate standards of care in the case.

Medical malpractice insurance companies understand how devastated parents are following a birth injury that is serious, and they have lawyers on their teams who work full-time to deny or lower payments on claims. Therefore, it is imperative to consult a New York birth injury attorney as soon as possible. You can avoid missing important deadlines and decrease your chances of obtaining maximum compensation by starting the process as soon as you can.

Insurance

Medical advances have made childbirth a safer experience, but it still has risks. Doctors and other medical professionals in the field must take care to avoid making mistakes that could cause long-lasting damage for both the mother and child. If they don't then, they could be held liable for negligence and must pay damages.

Birth injury lawyers can assist parents receive fair compensation for past, future and non-economic injuries like suffering and pain. Their experience is also beneficial during negotiations with insurance companies, birth injuries and can assist in avoiding the aggressive tactics that malpractice insurance companies use to reduce payouts. If necessary an attorney is needed, they can present your case in the court.

A lot of medical malpractice claims are settled out of court which is usually the case with birth injuries. A medical malpractice lawyer can make a solid case to recover compensation through the review of medical records of the child and hiring medical experts.

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