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Birth Injury Attorneys

Modern medicine has made childbirth more safe, but there are still risks. Unfortunately, even the tiniest of mistakes made during birth can have lasting consequences for both mother and baby.

A birth injury attorney can assist you in obtaining damages for your losses. These can include future and past medical expenses in addition to ongoing therapy costs and other monetary damages.

Medical Malpractice

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

Finding a skilled lawyer is the first step in pursuing a claim for medical negligence. A good birth trauma attorney will work with medical experts, and scrutinize documents to find any possible malpractice. They will also discuss the case in depth with you and answer any questions you might have.

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

There are four elements of a medical negligence claim obligation, breach of duty, causation, and damages. A seasoned birth injury lawyer will assist you to gather evidence and build strong legal arguments in support of each of these elements.

In a case of birth-related injury, the duty element is to prove that you had a professional relationship between your doctor and you. This could be done with medical records or hospital bills. The next step is to establish that you were owed an obligation by your doctor to perform the care and skill from a different medical professional.

Birth Injury

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

A experienced birth injury lawyer will know how to review the medical records of your child, identify any potential acts of negligence and hire experts (often other OB/GYN doctors) to review the case and provide their opinion on the possibility of malpractice. Once the experts have reviewed the case, your lawyer can determine who is responsible for the injuries. They will then name them as defendants.

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

During this period your attorney will work 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 refuses to pay a reasonable amount. A jury and judge will then decide on the issue. This is a complex procedure that should only be handled by a professional.

Medical Records

The birth of a child is one of the most exciting times in the life of a person however, it can be a terrifying nightmare if an error made by a doctor during labor or delivery causes an injury. Injuries that range from minor to severe can be long-lasting and affect the quality of life and development of a baby. If you suspect that your child has suffered a birth-related injury due to medical negligence, you can file an action to recover compensation.

A medical malpractice case requires the plaintiff to show that a nurse or doctor violated their duty of care. This means that the medical professional did not comply with the standards of their profession and the rest of the medical profession, based on the level of education and expertise they possess. Generally, it will be essential to have experts as witnesses to help establish the appropriate standard of care for the case.

Medical malpractice insurance companies know how devastated parents can be following a birth injury that is serious and have legal teams that dedicate their time to deny or reduce the amount on claims. As such, it is essential to speak with a New York birth injury attorney as soon as you can. If you begin the process early, you can avoid the risk of missing crucial deadlines and jeopardizing your chances of obtaining the maximum amount of compensation.

Insurance

Medical advances have made childbirth relatively safer however, there are still risks. Doctors and other professionals working in the medical field must be cautious to avoid making mistakes which could have lasting consequences for both mother and child. If they fail to do so take care, they could be held accountable and required to pay damages.

Birth injury lawyers can assist parents receive fair settlements for past and upcoming medical expenses and also non-economic damages like suffering and pain. Their expertise also aids in settlement negotiations for insurance and in avoiding the aggressive tactics used by insurers to cut payouts. If necessary an attorney is needed, they can take your case to the court.

Birth injuries are typically settled outside of court. A medical malpractice lawyer can create an effective claim for compensation by reviewing medical records of the child, and hiring medical experts.

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