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Birth Injury Attorneys

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

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

Medical Malpractice

Birth injuries can have devastating effects that last a lifetime. A successful lawsuit can help parents get justice and receive compensation for the future care of their child if a medical mistake caused the injury.

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

Medical negligence claims typically involve complicated issues and difficult witnesses. Teams of lawyers are on the side of doctors, hospitals and insurance companies, who are trained to limit or deny payments. It is important to find an attorney who is able to fight these powerful adversaries.

There are four elements of a medical malpractice claim: duty, breach of duty, causation, and damages. A seasoned birth injury lawyer will work with you to collect evidence and develop strong legal arguments in support of each of these elements.

In the case of a birth injury the legal requirement is to prove that you had a professional relationship between your doctor and you. This can be accomplished using medical records or hospital bills. The next step is to prove that you were required to fulfill the duty by the doctor to exercise the care and skill of another medical provider.

Birth Injury

A birth injury lawyer can assist families bring a medical malpractice lawsuit against a hospital or doctor who acted negligently during labor and delivery. A successful legal case could result in financial compensation that could help a family pay for their child's future and current medical expenses, lost wages and emotional trauma.

A skilled attorney for birth injuries will be able review the medical documents of your child's medical records, identify any potential negligence and engage experts to investigate the case. These experts are typically other OB/GYN doctors who can provide their opinion on whether malpractice took place. After the experts have looked over your case and your lawyer has reviewed the case, they will be in a position to determine who was responsible for the injuries and name them as defendants in the lawsuit.

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

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

Medical Records

The birth of a baby is among the most exciting events in a person's life however, it can also be a terrifying nightmare if an error by a doctor during labor and delivery results in an injury. Minor or severe injuries can cause lasting damage to the quality of life and the development of a baby. If you believe your child has suffered an injury related to birth due to medical negligence, you are able to file an action to recover compensation.

A medical malpractice claim demands that the plaintiff prove that a nurse or doctor breached their duty to care. This means that the medical professional failed to follow the standards of their profession and the rest of the medical community, depending on the level of knowledge and training they have. In most instances, it is required to employ experts to testify on behalf of the client to establish the appropriate standard for the case.

Medical malpractice insurance companies know how distraught parents are after a serious birth accident and have lawyers on their teams who do their best to deny or lower payments on claims. It is crucial to speak with an New York birth injuries attorney early enough. By starting the process early, you will avoid the possibility of missing crucial deadlines and thereby reducing the chance of recovering the maximum amount of compensation.

Insurance

Medical advances have made childbirth a safer process, but it still poses risks. Doctors and other professionals in the medical field must be aware of how to avoid errors which could have lasting consequences for both the mother and the child. If they fail to do so do so, they may be held liable for negligence and are required to pay for damages.

Birth injury lawyers can help parents obtain fair compensation for future, past and non-economic damages like pain and suffering. Their experience is also beneficial in negotiations for insurance settlements, and can assist in avoiding the aggressive tactics that malpractice insurance companies employ to cut the amount of money they pay. If necessary, an attorney can also bring your case to the court.

Many medical malpractice cases are settled out of court, and this is often the case for birth injury lawsuit injuries. But a skilled medical malpractice lawyer can create a solid case to recover compensation by reviewing the child's medical records and enlisting medical experts to examine them.

A seasoned New York City birth injury law firm can review 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, surgeons, nurses, and doctors involved in the delivery or birth, as well as the hospitals. In certain states, parents are able to apply for a state-sponsored program that compensates children who suffer certain birth injuries, including brain damage or paralysis.