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Birth Injury Attorneys

Although medical advances have made birthing a safer process, it still has risks. Even the smallest of medical errors can have lifelong consequences for both mother and baby.

An attorney for birth injuries can assist you in obtaining damages for your losses. This could include future, past and ongoing costs for medical treatment, ongoing costs, and other financial damages.

Medical Malpractice

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

Finding a skilled lawyer is the first step to seeking 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 answer all your questions and discuss the case in depth with you.

Medical negligence claims can be complicated and involve difficult witnesses. Hospitals, doctors and insurance companies all have lawyers on their side, who are trained to refuse or reduce the amount of compensation. It is crucial to find a lawyer who is able to defend these powerful adversaries.

There are four parts of a medical malpractice claim the breach of duty, causation and damages. A birth injury lawyer who is experienced will help you collect evidence and build strong legal arguments that support each of these elements.

In the case of a birth injury, the first step is to establish that your doctor had an official relationship with you. This could be done with medical documents or hospital bills. The next step is to prove that you were owed an obligation by the doctor to perform the care and skill by a medical professional.

Birth Injury

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

A seasoned birth injury lawyer can review the medical documents of your child, identify any negligence-related issues, and hire experts to examine the case. They are typically other doctors in the field of OB/GYN who are able to give their opinion as to whether malpractice occurred. Once the experts have reviewed your case your lawyer will be capable of determining who was responsible for the injuries and naming them as defendants in the lawsuit.

In all states, including New York, there is a deadline to file an injury claim with the court, known as the statute of limitations. For birth injury claims, it is usually 30 months or two and one-half (2-1/2) years after the malpractice occurred.

During this time, your attorney will work with your insurance company to negotiate a settlement on your behalf. If the insurance company is unwilling to pay a reasonable amount, your lawyer will file a complaint in the appropriate court to get a jury and judge to decide the matter. This is a complex procedure that should be handled by an experienced professional.

Medical Records

The birth of a child is among the most exciting moments in a person's lifetime however, it can turn into an incredible nightmare if a medical mistake during labor and delivery causes an injury. Minor or severe injuries can have a long-lasting impact on the quality of life and development of a newborn. If you believe your child sustained an injury at birth due to medical malpractice, you can seek damages for future and past damages.

A medical malpractice case demands that the plaintiff prove that a nurse, doctor or other healthcare professional has violated their duty of take care of patients. This means that the medical professional failed to comply with the standards of their profession and that of the medical community, based on the level of education and expertise they have. Typically, it is essential to have expert witnesses who can help establish the appropriate standards of care in the case.

Medical malpractice insurance companies know how devastated parents can be following a birth injury that is serious, and they have lawyers on their teams who dedicate their time to stop or reduce payments on claims. As such, it is imperative to consult a New York birth injury attorney whenever you can. You can avoid missing crucial deadlines and diminishing your chances of obtaining maximum compensation by starting the process as soon as possible.

Insurance

Medical advances have made childbirth relatively safer however, there are still risks. Doctors and other medical professionals must act with care to avoid mistakes which could have lasting consequences for both the mother and baby. If they fail to do so do so, they may be held liable for negligence and be required to pay damages.

Birth injury lawyers can assist parents get fair compensation for past, future and non-economic injuries like pain and suffering. Their expertise is also helpful when negotiating settlements with insurance companies and can assist in avoiding the aggressive strategies that malpractice insurers employ to reduce payouts. If necessary an attorney could present your case in court.

Birth injuries are typically resolved outside of court. A medical malpractice lawyer can create a strong claim for compensation by looking over medical documents of the child and hiring medical experts.

A seasoned New York City birth injury law firm can look over the medical records and request diagnostic studies and reports which analyze the severity of the injuries, as well as identify the defendants. This could include the obstetrician and surgeons, nurses, and doctors involved in the delivery or birth and the hospitals. In some states, families are able to apply to a state-wide program that will provide an indemnity for children suffering from certain birth injuries, including brain damage and paralysis.