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Birth Injury Attorneys

Modern medicine has made childbirth more safe, but it is not without risk. Even minor medical mistakes can have lasting consequences for both baby and mother.

A birth injury attorney can help you recover damages for your losses. These could include past and future medical expenses continuing therapy costs, and other damages in the form of money.

Medical Malpractice

A birth injury can have devastating effects that last for a lifetime. A successful lawsuit can help parents get justice and recover compensation for the future care of their child, if an error in medicine caused the injury.

Finding a reputable lawyer is the first step in seeking a claim for medical malpractice. A skilled birth trauma lawyer will collaborate with medical professionals, and will examine documents to determine if there is a possibility of malpractice. They will also discuss the matter with you in depth and answer any questions you may have.

Medical negligence lawsuits can be complex and require difficult witnesses. Doctors, hospitals and insurance companies have teams of lawyers on their side who are trained to deny or decrease payments. It is vital to find a lawyer who can defend these powerful adversaries.

There are four parts to a medical malpractice lawsuit the breach of duty, 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 first step is to establish that your doctor had a professional relationship with you. This could be accomplished through medical records or hospital bills. The next step is to prove that the doctor has the obligation to act with reasonable skill and care that you would expect from another medical provider in the same circumstance.

Birth Injury

A birth injury attorney can assist a family in filing a medical malpractice claim against the hospital or doctor who acted with negligence during labor and delivery. A successful legal claim may result in financial compensation to assist a family with their child's present and future medical expenses, lost wages, and emotional trauma.

A skilled birth injury lawyer will be able to review your child's medical records, identify any potential acts of negligence, and also hire experts (often other OB/GYN physicians) to examine the case and provide their opinion on the possibility of malpractice. After the experts have looked over your case, your lawyer will be competent to determine who is responsible for the injuries and naming them as defendants in the lawsuit.

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

During this period your attorney will negotiate with your insurance company to negotiate an agreement on your behalf. If the insurance company is unwilling to pay a fair amount, your lawyer will file a complaint in the appropriate court to make a jury and a judge decide on the matter. This is a complicated process that should only be handled by a professional.

Medical Records

A medical error during childbirth can cause injuries. It is one of the most exciting moments. Minor to severe injuries could be long-lasting and affect the quality of life and the development of a baby. If you believe that your child suffered a birth injury due to medical negligence, you may bring a claim in order to receive compensation for past and future damages.

A medical malpractice claim demands the plaintiff to prove that a doctor or nurse breached their duty to care. This means that the medical professional did not follow the standards of their profession and that of the medical profession, in light of the education and experience they have. In general, it is necessary to engage experts as witnesses to help establish the appropriate standard of care in the case.

Medical malpractice insurance companies are aware of how distraught parents can be after a serious birth injury and usually have a team of attorneys who are on call 24/7 to stop or reduce the amount of money they pay on claims. As such, it is vital to consult a New York birth injury attorney immediately. If you begin the process early, you will avoid the possibility of not meeting crucial deadlines and ruining the chance of recovering maximum compensation.

Insurance

The advancements in medicine have made childbirth a safe process, but it still has risks. Doctors and other medical professionals must exercise caution to avoid making mistakes that could result in permanent consequences for the mother and child. If they fail to do so take care, they could be held liable for negligence and must pay damages.

Birth injury attorneys can help parents receive fair settlements for past and upcoming medical expenses, as well as other damages that are not economic, like suffering and pain. Their experience also helps during settlement negotiations for insurance claims and in avoiding the aggressive tactics used by insurers to cut payouts. Lawyers can also bring the case to trial, in the event of a need.

Many medical malpractice claims go to court without trial and this is especially true for birth injury cases. A medical malpractice lawyer can create a strong claim for compensation by reviewing medical records of the child and hiring medical experts.

An experienced New York City birth injury law firm can examine 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 nurses, doctors and surgeons involved in the birth or delivery and the hospitals. In some states, parents can apply for a state program that provides compensation to children who suffer certain birth injuries such as brain damage or paralysis.