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Birth Injury Attorneys

Medical advances have made childbirth safer, but there are still risks. Unfortunately, even small mistakes made during birth can have lasting consequences for the baby and mother.

A birth injury law firms injury lawyer can assist you in obtaining damages for your losses. These could include future, past and ongoing medical expenses, ongoing treatments costs, and other financial damages.

Medical Malpractice

A birth injury can have devastating consequences that last for a lifetime. A successful lawsuit can help parents get justice and secure compensation for the future treatment of their child if an error in medical care caused the injury.

Finding a skilled lawyer is the first step in seeking a claim for medical malpractice. A reputable birth trauma lawyer will work with medical experts and look over documents to find any possible malpractice. They will also discuss the matter with you in depth and answer any questions you may have.

Medical negligence claims often involve complicated issues and difficult witnesses. Doctors, hospitals and insurance companies have lawyers on their side, who are trained to deny or decrease payments. It is important to locate an attorney who is able to fight these powerful adversaries.

A medical malpractice claim has four parts: duty, breach, causation, and damages. An experienced birth injury lawyer will work with you to collect evidence and build strong legal arguments to support each of these elements.

In a birth injury case the duty element involves proving that your doctor had an official relationship with you. This can be accomplished using medical records or hospital bills. The next step is to establish that the doctor owed you the obligation to act with reasonable skill and care that you would expect from a different medical professional in the same situation.

Birth Injury

A birth injury lawyer can assist a family to file a medical malpractice claim against the hospital or doctor who committed negligence during labor and birth. A successful legal case could result in financial compensation to help a family pay for their child's current and future medical expenses, lost wages, and emotional trauma.

A skilled birth injury lawyer will know how to review the medical records of your child, identify any potential acts of negligence, and then hire experts (often other OB/GYN doctors) to review the case and provide an opinion regarding whether there was malpractice. Once the experts have reviewed your case your lawyer will be competent to determine who is accountable for the injuries and identify them as defendants in the lawsuit.

In many 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 lawsuits injury claims, this usually is 30 months or two and two and a half (2-1/2) years after the malpractice occurred.

During this period your attorney will be working with your insurance company to negotiate an agreement on your behalf. Your attorney will file a lawsuit in the appropriate court in the event that the insurance company refuses a reasonable amount. A jury and judge will then decide on the issue. This is a lengthy process that should be handled by a trained professional.

Medical Records

A medical mistake during childbirth can result in injuries. It is one of the most exciting moments. The injuries can range from minor to serious, and often have lasting effects on a newborn's development and quality of life. If you suspect that your child sustained a birth injury due to medical negligence, you may seek compensation for future and past damages.

A medical malpractice claim demands that the plaintiff prove that a doctor or nurse violated their duty of care. The medical professional not performed their duties in accordance with the standards of the profession and the rest depending on their level of education and expertise. In general, it is required to involve expert witnesses who can assist in determining the proper standard of care in the case.

Medical malpractice insurers are well aware of how frightened parents can be following a serious birth injury and have teams of attorneys who are on call 24/7 to block or limit payments on claims. It is essential to speak with a New York birth injury attorney immediately. If you begin the process early, you will avoid the possibility of not meeting crucial deadlines, and thus compromising your chances of obtaining maximum compensation.

Insurance

The advancements in medicine have made childbirth a lot safer but there are risks. Doctors and other medical professionals should be careful to avoid mistakes that could have lifelong consequences for both the mother and baby. If they fail, they may be held accountable and may have to pay for damages.

Birth injury lawyers can help parents obtain fair compensation for past, future and non-economic damages like pain and suffering. Their expertise is also helpful in negotiations for insurance settlements, and can help avoid the aggressive strategies that malpractice insurers use to reduce payouts. Lawyers can also take the case to trial in the event of a need.

Many medical malpractice cases go to court without trial which is usually true for birth injury cases. A medical malpractice lawyer can make a strong claim for compensation by looking over medical records of the child, and hiring medical experts.

A New York City birth injury lawyer can examine medical records, request reports and diagnostic studies to determine the severity of injuries and pinpoint the defendants. They could be the obstetrician and nurses, surgeons, doctors and hospitals involved in the birth and delivery. In some states, families may apply for a state-sponsored program that will provide an indemnity for children who suffer certain birth injuries, like brain damage and paralysis.