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Birth Injury Attorneys

Although medical advances have made birthing a more secure procedure, it is not without dangers. Unfortunately, even small mistakes in medicine can have long-lasting consequences for both mother and baby.

A birth injury lawyer can assist you in obtaining damages for your losses. This could include the past, future and ongoing medical expenses, ongoing therapies costs, and other financial damages.

Medical Malpractice

Birth injuries can have devastating effects that last a lifetime. A successful lawsuit could help parents gain justice and secure compensation for the future care of their child in the event that a medical mistake caused the injury.

Finding a skilled lawyer is the first step in pursuing a claim for medical negligence. An experienced birth trauma lawyer will work with medical experts, and scrutinize records to identify any potential malpractice. They will also discuss the situation with you in detail and answer any questions you have.

Medical negligence lawsuits can be complicated and require difficult witnesses. Hospitals, doctors and insurance companies have lawyers on their side who are trained to deny or reduce payments. It is vital to find a lawyer who can fight these formidable adversaries.

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

In a birth injury case the legal requirement is to prove that your doctor had an established professional relationship with you. This can be done using medical documents or hospital bills. The next step is to prove that you were owed an obligation by your doctor to exercise the expertise and care from a different medical professional.

Birth Injury

A birth injury lawyer can assist the family file an action for medical malpractice against a doctor or hospital who acted negligently during labor and delivery. A successful legal case could result in financial compensation to help a family cover their child's medical expenses and future expenses, as well as the loss of earnings and emotional trauma.

A competent birth injury lawyer will know how to go through the medical records of your child and find any potential acts of negligence and hire experts (often other OB/GYN doctors) to examine the case and offer their opinions on whether malpractice occurred. After the experts have reviewed the case, the lawyer will determine who is accountable for the injuries. They will then name the defendants.

In New York and most other states there is a statute of limitation that defines the time frame for filing a claim. For birth injury claims, this is typically 30 months or two and a half (2-1/2) years after the malpractice occurred.

During this period your attorney will work with your insurance company to negotiate a settlement on your behalf. If the insurance company refuses to pay a reasonable amount, your attorney will file a suit in the appropriate court to make a jury and a judge decide the matter. This is a difficult process that should only be handled by a professional.

Medical Records

The birth of a baby is among the most exciting occasions in the life of a person but it can also be a terrifying nightmare if a medical mistake during labor and birth causes an injury. Minor to severe injuries can have a lasting impact on the quality of life and the development of a newborn. If you believe that your child suffered injuries to their birth due medical malpractice, you can make a claim for compensation for future and past damages.

A medical malpractice case requires the plaintiff to prove that a doctor, birth injury attorneys nurse or other healthcare professional has violated their duty of provide medical care. This means that the medical professional failed to follow the standards of their profession as well as the rest of the medical profession, depending on the level of training and knowledge that they have. Typically, it is required to involve experts as witnesses to determine the appropriate level of care in the case.

Medical malpractice insurers know how distraught parents are after an unfortunate birth injury, and they have lawyers on their teams who are on call 24/7 to reduce or deny payments on claims. This is why it's important to talk with a New York birth injury attorney immediately. If you begin the process early, you can reduce the possibility of ignoring crucial deadlines and ruining your chance to recover maximum compensation.

Insurance

The advancements in medicine have made childbirth a safe process, but it still poses risks. Medical professionals and doctors must be cautious to avoid mistakes that could cause permanent harm for 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 get fair compensation for their past and future medical expenses and also other damages that are not economic, like suffering and pain. Their experience also helps during settlement negotiations with insurance companies and in avoiding the aggressive tactics that insurers employ to limit payouts. If necessary, an attorney can also bring your case to the court.

Birth injury cases are usually resolved out of court. A medical malpractice lawyer can make a solid claim for compensation by reviewing medical records 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 reports and reports which analyze the severity of the injuries and also identify the defendants. This could include the obstetrician and surgeons, nurses and doctors involved in the birth or delivery and the hospitals. In some states, parents can apply for a state program that compensates children who suffer certain birth injuries like brain damage or paralysis.