Birth Injury Attorneys

Although advances in medicine have made birthing a more secure process, it still has risks. Even small medical mistakes can have long-lasting effects for both baby and mother.

An attorney who specializes in birth injuries can help you recover damages for your losses. This can include future and past medical expenses in addition to ongoing therapy costs and other financial damages.

Medical Malpractice

A birth injury can have devastating effects that last for birth injury attorneys a lifetime. If a medical issue caused the injury an effective lawsuit could aid parents in achieving an understanding of justice and seek the financial compensation they need to meet their child's future healthcare needs.

Finding an experienced lawyer is the first step to making a claim against medical negligence. A reputable lawyer for birth trauma will work with medical professionals, and will examine documents to determine if there is a possibility of malpractice. They will also be able to answer all your questions and discuss the case thoroughly with you.

Medical negligence cases can be complicated and require difficult witnesses. Teams of lawyers are on the side of hospitals, doctors and insurance companies who are trained to reduce or stop payments. It is crucial to locate an attorney who is able to combat these powerful opponents.

A medical malpractice claim has four parts: duty, breach, causation and damages. A birth injury lawyer who is experienced can assist you in gathering evidence and construct strong legal arguments to defend each of these elements.

In the case of birth injuries the main requirement is to prove that you had a professional relationship between your doctor and yourself. This can be accomplished by using medical documents or hospital invoices. The next step is to prove that you were owed an obligation by your doctor to act with the care and skill of a different medical provider.

Birth Injury

An attorney for birth injuries can help a family file an action for medical negligence against the doctor or hospital who committed negligence during labor and delivery. A successful legal case could result in financial compensation to assist a family with their child's future and current medical expenses, lost wages and emotional trauma.

A experienced birth injury lawyer will know how to examine your child's medical records and find any potential acts of negligence, and also hire experts (often other OB/GYN physicians) to look over the case and offer their opinions on whether malpractice occurred. After the experts have analyzed your case, your lawyer will be competent to determine who is accountable for the injuries and naming them as defendants in the lawsuit.

In the majority of states, including New York, there is a deadline for filing an injury claim with the court. This is known as the statute of limitations. For birth injury claims, this usually is 30 months or two and one-half (2-1/2) years following the time that the medical malpractice occurred.

During this period during this time, your attorney will negotiate an agreement with your insurance company on behalf of you. Your attorney will file a complaint in the appropriate court if the insurance company does not agree to a reasonable amount. A jury or judge will decide the case. This is a lengthy procedure that should be handled by a professional.

Medical Records

A medical mistake during childbirth can cause an injury. It's one of the most thrilling moments. Injuries can range from minor to severe and can have lasting consequences for a newborn's growth and quality of life. If you believe your child sustained an injury at birth due to medical malpractice, you can make a claim for the compensation you owe for past and future damages.

A medical malpractice lawsuit requires the plaintiff to prove that a nurse or doctor violated their duty of care. The medical professional not acted according to the standards of the profession and the rest according to their level of training and expertise. In general, it is necessary to get expert witnesses who can help establish the appropriate standard of care for the case.

Medical malpractice insurance companies understand birth injury attorneys the utter devastation parents feel after an unfortunate birth injury, and they have attorneys on staff who dedicate their time to deny or lower payments on claims. As such, it is vital to consult a New York birth injury attorney immediately. By starting the process early, you will avoid the possibility of missing crucial deadlines, and thus compromising your chance to recover the maximum amount of compensation.

Insurance

Medical advances have made childbirth a safe process, but it still poses risks. Doctors and other medical professionals must be cautious to avoid mistakes which could have lasting consequences for both 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 receive fair compensation for past, future and non-economic injuries like pain and suffering. Their expertise also aids in insurance settlement negotiations and in avoiding the abrasive tactics that insurers employ to limit payouts. If necessary an attorney may take your case to court.

Birth injury cases are typically settled outside of court. A medical malpractice lawyer can construct a solid claim for compensation by examining medical documents of the child and hiring medical experts.

A New York City birth injury lawyer can examine medical documents and request reports and diagnostic tests to evaluate the extent of the injuries and identify defendants. These could include the obstetrician or nurses, doctors, surgeons and hospitals involved in the birth and delivery. In some states, parents are able to apply for a state program that pays compensation to children who suffer from certain birth injuries, including brain damage or paralysis.