Birth Injury Attorneys

Medical advances have made childbirth safer, but it is not without risk. Even the smallest of mistakes made during birth can have lasting consequences for both mother and baby.

An attorney who specializes in birth injuries can help you recover damages for your losses. These can include future, past and ongoing medical expenses, ongoing therapy costs and other monetary damage.

Medical Malpractice

A birth injury can have devastating effects that can last a lifetime. If a medical error led to the injury, a successful lawsuit can aid parents in achieving a sense of justice and obtain the financial compensation their child will need for future medical needs.

Finding an experienced lawyer is the first step in filing a claim for medical negligence. An experienced birth trauma lawyer will work with medical experts and look over records to identify any potential malpractice. They will also discuss the situation with you in detail and answer any questions you may have.

Medical negligence lawsuits can be complex and require difficult witnesses. Doctors, hospitals as well as insurance companies have lawyers on their side, who are trained to deny or decrease payments. It is essential to find an attorney who is able to take on these powerful opponents.

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

In a birth injury case, the legal requirement is to prove that your doctor had a professional relationship with you. This can be accomplished using medical documents or hospital bills. The next step is to establish that you were legally obligated to perform a duty by the doctor to exercise the care and skill from a different medical professional.

Birth Injury

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

A skilled birth injury lawyer will be able to examine your child's medical records and identify any possible acts of negligence, and also hire experts (often other OB/GYN doctors) to look over the case and provide an opinion regarding whether there was malpractice. After the experts have examined your case and your lawyer has reviewed the case, they will be capable of determining who was accountable for the injuries and naming them as defendants in the lawsuit.

In New York and most other states there is a statute of limitation that defines the time frame for filing claims. For birth injury claims, it is usually 30 months or two and two-and-a-half (2-1/2) years following the time that the medical malpractice occurred.

During this period your attorney will be working with your insurance company to negotiate a settlement on your behalf. Your attorney will file a complaint in the appropriate court in the event that the insurance company is unwilling to pay a reasonable amount. A jury or judge will then make a decision. This is a lengthy process that should be handled by an experienced professional.

Medical Records

The birth of a child is one of the most exciting times in a person's life, but it can turn into a nightmare if a medical mistake during labor and delivery results in an injury. The severity of injuries can vary from minor to major, and often have lasting effects on a newborn's development and quality of life. If you believe your child has suffered an injury related to birth due to medical negligence, you may bring an action to recover compensation.

A medical malpractice case requires the plaintiff to show that a nurse or doctor breached their duty of medical care. This means that the medical professional did not act in accordance with the standards of their profession and the rest of the medical community, in light of the training and knowledge that they have. Generally, it will be necessary to engage experts who can assist in determining the proper level of care in the case.

Medical malpractice insurers are aware of how devastated parents can be following a birth injury that is serious, and they have legal teams that are on call 24/7 to deny or lower payments on claims. It is important to consult with a New York birth injuries attorney early enough. You can avoid missing important deadlines and compromising your chances of getting maximum compensation by beginning the process as early as possible.

Insurance

Medical advances have made childbirth more secure however, there are still dangers. Medical professionals and doctors must exercise caution to avoid errors that could have lifelong consequences for both the mother and baby. If they fail to do so take care, they could be held accountable and may have to pay damages.

Birth injury lawyers can help parents get fair compensation for future and past medical expenses and also non-economic damages, such as pain and suffering. Their expertise is also helpful when negotiating settlements with insurance companies and can help avoid aggressive strategies that malpractice insurers employ to cut payouts. If necessary an attorney may bring your case to the court.

Birth injury cases are usually resolved outside of court. A medical malpractice lawyer can make a solid claim for compensation by reviewing medical records of the child and hiring medical experts.

A New York City birth injury lawyer can look over medical records and request reports as well as diagnostic tests to evaluate the extent of injuries and identify the defendants. This could include the obstetrician, nurses, doctors and surgeons involved in the birth or delivery, as well as the hospitals. In certain states, parents can apply for a state-sponsored program that provides compensation to children who suffer certain birth injuries like brain damage or paralysis.