Birth Injury Attorneys

Medical advances have made childbirth safer, however it still comes with risks. Even minor medical mistakes can have long-lasting consequences for both mother and baby.

A lawyer for birth injuries can help you recover damages. This could include the past, future and ongoing medical expenses, birth injury law firm ongoing therapies costs, and any other monetary damages.

Medical Malpractice

Birth injuries can have devastating effects that last for a lifetime. If a medical issue caused the injury, a successful lawsuit can help parents achieve an understanding of justice and obtain the financial compensation their child will need for future needs for care.

The first step to pursue the medical malpractice claim is to locate a seasoned lawyer. A skilled birth trauma attorney will collaborate with medical experts, and scrutinize documents to determine if there is any possibility of malpractice. They will also be able to answer all your questions and discuss the matter in detail with you.

Medical negligence claims can be complicated and involve difficult witnesses. Teams of lawyers are on the side of doctors, hospitals and insurance companies that are trained to decrease or deny payments. It is important to find a lawyer that can take on these powerful adversaries.

A medical malpractice claim has four parts: duty, breach, causation, and damages. A birth injury lawyer with years of experience will assist you in gathering evidence and build strong legal arguments to back each of these elements.

In cases of birth injuries, the duty element involves proving that your doctor had an official relationship with you. This could be done using medical records or hospital invoices. It is then essential to establish that the doctor was obligated to you a duty to act with reasonable care and skill that you would expect from a different medical provider in the same situation.

Birth Injury

A birth injury lawyer can help a family file an action for medical malpractice against the hospital or doctor who acted with negligence during labor and birth. A successful legal action may result in financial compensation to help families pay for their child’s current and future medical expenses, lost wages, and emotional trauma.

A skilled birth injury lawyer will be able to go through the medical records of your child and identify any possible acts of negligence, and also hire experts (often other OB/GYN doctors) to examine the case and give their opinion on whether malpractice occurred. After the experts have examined your case, your lawyer will be competent to determine who is responsible for the injuries and identify them as defendants in the lawsuit.

In many states, including New York, there is a deadline to file an injury claim with the court, also known as the statute of limitations. 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 work with your insurance company to negotiate an agreement on your behalf. If the insurance company refuses to pay a reasonable amount, your attorney will file a suit in the appropriate court to make a jury and a judge decide the issue. This is a complicated process that should only be handled by an experienced professional.

Medical Records

A medical error during childbirth can cause an injury. It’s one of life’s most exciting moments. Injuries can range from minor to severe and often have lasting consequences for a newborn’s growth and quality of life. If you believe your child was injured during birth due to medical negligence, you may file an action to recover compensation.

A medical malpractice case requires the plaintiff to prove that a doctor, nurse or other healthcare professional violated their duty to provide medical care. This means that the medical professional did not act in accordance with the standards of their profession and that of the medical profession, based on the level of education and experience they have. In most instances, it is required to employ experts to testify on behalf of the client to determine the appropriate standard in the case.

Medical malpractice insurers are well aware of how devastated parents can be after a serious birth injury and usually have a team of attorneys who are on call 24/7 to block or limit payments on claims. As such, it is important to talk with a New York birth injury attorney immediately. You can avoid missing crucial deadlines and diminishing your chances of receiving maximum compensation by beginning the process as early as possible.

Insurance

The advancements in medicine have made childbirth a safer process, but it is not without risk. Doctors and other medical professionals must act with care to avoid errors which could have lasting consequences for the mother as well as the baby. If they don’t then, they could be held accountable for their negligence and be required to pay damages.

Birth injury lawyers can assist parents obtain fair compensation for future, past and non-economic injuries like pain and suffering. Their expertise is also helpful when negotiating settlements with insurance companies and can help avoid the aggressive tactics that malpractice insurers employ to reduce the amount of money they pay. A lawyer can also take the case to trial should it be necessary.

Many medical malpractice cases settle out of court, and this is often true for birth injury cases. But a skilled medical malpractice lawyer can construct an argument for compensation by looking over the medical records of the child and obtaining medical experts examine them.

An experienced New York City birth injury law firm will review the medical records and request diagnostic and reports that assess the severity of the injuries and also identify the defendants. They could include the obstetrician or nurses, surgeons, doctors as well as hospitals involved in the delivery and birth. In some states, families may apply to a government program that provides a guarantee for children who suffer from certain birth injuries, such as brain damage or paralysis.