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Birth Injury Attorneys

While advances in medicine have made birthing a more secure process, it's not without dangers. Even minor medical mistakes could have long-lasting consequences for both baby and mother.

A birth injury lawyer can help you recover damages. This could include past and future medical expenses, ongoing therapy costs as well as other damages monetary.

Medical Malpractice

Birth injuries can have devastating consequences that last for a lifetime. A successful lawsuit can help parents get justice and receive compensation for the future care of their child in the event that an error in medical care caused the injury.

Finding an experienced lawyer is the first step to making a claim against medical negligence. A skilled birth trauma attorney will work with medical experts and look over records to identify any potential malpractice. They will also answer all your questions and discuss the matter in detail with you.

Medical negligence cases can be complex and require difficult witnesses. Teams of lawyers are on the side of doctors, hospitals and insurance companies who are trained to decrease or eliminate payments. It is important to locate an attorney who is able to tackle these formidable adversaries.

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

In the case of birth injuries the main requirement is to establish that you had a professional relationship with your doctor and yourself. This can be done using medical records or hospital invoices. It is then important to establish that the doctor had the duty to perform his duties with reasonable care and skill that you would expect from a different medical professional in the same situation.

Birth Injury

A birth injury lawyer can help families file a medical negligence lawsuit against a hospital or doctor who was negligent during labor and delivery. A successful legal case could result in financial compensation to help the family cover the cost of medical treatment for their child as well as future costs, as well as lost wages and emotional trauma.

A competent birth injury lawyer will be able to look over the medical records of your child and identify any possible acts of negligence and hire experts (often other OB/GYN physicians) to examine the case and offer their opinions on whether malpractice occurred. After the experts have analyzed the case, your lawyer will determine who is accountable for the injuries. They will then name the defendants.

In all 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 is typically 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 a settlement with your insurance company on behalf of you. If the insurance company refuses to pay a reasonable amount, your lawyer will file a complaint in the appropriate court to have a judge and jury decide the issue. This is a lengthy procedure that should be handled by a professional.

Medical Records

The birth of a child is among the most exciting events in the life of a person, but it can become a nightmare if a medical error during labor and birth causes an injury. The severity of injuries can vary from minor to serious, and they can have long-lasting consequences for a newborn's growth and quality of life. If you believe your child is suffering from a birth-related injury due to negligence by a medical professional, you can make an action to seek compensation.

A medical malpractice claim demands that the plaintiff prove that a doctor, nurse or other healthcare professional acted in violation of 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 based on the level of training and knowledge that they have. Typically, it is essential to have experts to determine the appropriate standard of care in the case.

Medical malpractice insurance companies know how devastated parents are following a serious birth accident, and they have attorneys on staff who do their best to deny or lower payments on claims. It is important to consult with an New York birth injuries attorney as soon possible. You can avoid missing important deadlines and compromising your chances of receiving maximum compensation by starting the process as soon as possible.

Insurance

Medical advances have made childbirth a lot safer but there are risks. Doctors and other professionals in the medical field must be careful to avoid making mistakes that could result in long-lasting harm for both the mother and the child. If they don't, they can be held accountable for negligence and are required to pay for damages.

Birth injury lawyers can assist parents receive fair compensation for their past and future medical expenses and also non-economic damages, such as suffering and pain. Their experience is also beneficial during insurance settlement negotiations, and can help avoid aggressive strategies that malpractice insurers employ to decrease the amount of money they pay. If necessary an attorney may bring your case to court.

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

A seasoned 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 and also identify the defendants. This could include the obstetrician as well as nurses, doctors and surgeons involved in the birth or delivery, as well as the hospitals. In some states, parents are able to apply for a state program that compensates children who suffer from certain birth injuries such as brain damage or paralysis.