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Birth Injury Attorneys

While advances in medicine have made birthing a safer process, it's not without dangers. Even minor medical errors can have long-lasting consequences for both the baby and mother.

A birth injury lawyer can assist you in recovering damages. These can include future and past medical expenses as well as ongoing therapy costs and other damages in the form of money.

Medical Malpractice

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

Finding an experienced lawyer is the first step to filing 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 case with you in detail and answer any questions you have.

Medical negligence claims typically involve complex issues and difficult witnesses. Teams of lawyers are on the side of hospitals, doctors and insurance companies that are trained to decrease or deny payments. It is important to find a lawyer that can stand up against these powerful opponents.

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

In a case of birth-related injury the legal requirement is to establish that you had a professional relationship with your doctor and you. This can be accomplished by using medical records or hospital invoices. It is then necessary to establish that the doctor had a duty to act with reasonable skill and care that you would expect from a medical professional in the same circumstance.

Birth Injury

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

A skilled birth injury lawyer will be able to review the medical records of your child, identify any potential acts of negligence and hire experts (often other OB/GYN doctors) to examine the case and provide an opinion on the degree of malpractice that occurred. After the experts have looked over your case your lawyer will be in a position to determine who was accountable for the injuries, and then name them as defendants in the lawsuit.

In most states, including New York, there is an expiration date for filing an injury claim before the court, referred to as the statute of limitations. For birth injury claims, this usually is 30 months or two and a half (2-1/2) years after the medical malpractice occurred.

During this period your attorney will work with your insurance company to negotiate a settlement on your behalf. Your attorney will file a suit in the appropriate court in the event that the insurance company does not agree to a reasonable amount. A jury or judge will then decide the matter. This is a complex process that should only be handled by an experienced professional.

Medical Records

The birth of a baby is among the most exciting times in the life of a person however, it can become a nightmare if a medical error during labor or delivery causes an injury. Minor to severe injuries could cause lasting damage to the quality of life and development of a baby. If you believe that your child suffered an injury at birth due to medical malpractice, you can seek the compensation you owe for past and future damages.

A medical malpractice case requires that the plaintiff prove that a doctor, nurse or other healthcare professional has violated their duty to care. This means that the medical professional failed to follow the standards of their profession and the rest of the medical profession, according to the level of knowledge and training they possess. Generally, it will be required to involve experts who can assist in determining the proper standard of care for the case.

Medical malpractice insurers know how distraught parents are after a serious birth accident, and they have teams of attorneys who work full-time to stop or reduce payments on claims. It is important to talk with a New York birth injury attorney whenever you can. You can avoid missing important deadlines and reduce your chances of obtaining maximum compensation by starting the process as early as you can.

Insurance

The advancements in medicine have made childbirth much safer however, there are still risks. Medical professionals and doctors must be cautious to avoid making mistakes that could have lifelong consequences for both the mother and baby. If they don't then, they could be held liable and have to pay damages.

Birth injury lawyers can assist parents receive fair compensation for future, past and non-economic damages such as suffering and pain. Their experience is also useful when negotiating settlements with insurance companies and could help avoid aggressive strategies that malpractice insurers employ to reduce the amount of money they pay. Lawyers can also take the case to trial, should it be necessary.

A lot of medical malpractice claims end up in court, and this is often the case with birth injuries. However, a skilled medical malpractice lawyer can create a convincing case for compensation by examining the child's medical records and obtaining medical experts to look them over.

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 delivery or birth and the hospitals. In certain states, families are able to apply for a state-sponsored program that provides an indemnity for children who suffer certain birth injuries, such as brain damage and paralysis.