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Birth Injury Attorneys

While advances in medicine have made birthing a more secure process, it's not without dangers. Unfortunately, even the tiniest of mistakes made during birth can have lasting consequences for both the mother and baby.

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

Medical Malpractice

A birth injury can result in devastating effects that last for a lifetime. A successful lawsuit can help parents obtain justice and recover compensation for the future care of their child in the event that an error in medical care caused the injury.

The first step to pursue a medical malpractice claim is to locate a seasoned lawyer. A reputable 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 might have.

Medical negligence claims are often complicated and require difficult witnesses. Teams of lawyers are on the side of hospitals, doctors and insurance companies that are trained to limit or deny payments. It is crucial to find a lawyer that can take on these powerful opponents.

There are four parts to a medical malpractice lawsuit obligation, breach of duty, causation and damages. A birth injury lawyer with years of experience can assist you in gathering evidence and build strong legal arguments to support each of these elements.

In a birth-injury case the legal requirement is to prove that you had a professional relationship with your doctor and yourself. This could be done using medical records or hospital invoices. The next step is to prove that you were legally obligated to perform the duty by the doctor to act with the skill and care expected of another medical provider.

Birth Injury

A birth injury lawyer can assist families bring a medical malpractice 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 pay for the cost of medical treatment for their child as well as future expenses, in addition to lost wages and emotional trauma.

A skilled birth injury attorney will be able to review the medical records of your child, pinpoint any possible acts of negligence and then hire experts to review the case. They are typically other doctors in the field of OB/GYN who are able to give their opinion on whether malpractice took place. After the experts have reviewed the case, your lawyer will determine who is responsible for the injuries. They will then name them as defendants.

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

During this period your attorney will be working with your insurance company to negotiate a settlement on your behalf. If the insurance company is unwilling to pay a fair amount, your lawyer will file a lawsuit in the appropriate court to decide whether a jury or a judge will decide the issue. This is a lengthy procedure that should be handled by a professional.

Medical Records

The birth of a baby is one of the most exciting occasions in a person's lifetime but it can also become a nightmare if an error by a doctor during labor and delivery causes an injury. The injuries can range from minor to severe, and often have lasting consequences for a newborn's growth and quality of life. If you think that your child suffered an injury during birth due to medical negligence, you may make a claim for damages for future and past damages.

A medical malpractice case demands that the plaintiff demonstrate that a physician, nurse or other healthcare professional has violated their duty of take care of patients. The medical professional not acted in accordance with the standards of their profession, and also the rest depending on their level of education and experience. Typically, it is necessary to get experts as witnesses to assist in determining the proper standard of care in the case.

Medical malpractice insurance companies understand how devastated parents can be following an accident that has left them devastated and have legal teams that dedicate their time to deny or lower payments on claims. Therefore, it is imperative to consult an New York birth injury attorney as soon as possible. By contacting them in the early stages, you will not run the risk of missing crucial deadlines and thereby reducing your chance to recover the maximum amount of compensation.

Insurance

Medical advances have made childbirth a more secure process, however it still has risks. Doctors and other professionals in the medical field must take care to avoid making mistakes that could cause long-lasting damage for both the mother and the child. If they don't do so, they may be held accountable for negligence and have to pay damages.

Birth injury lawyers can help parents receive fair compensation for past, future and non-economic damages such as suffering and pain. Their experience also helps during settlement negotiations for insurance and in avoiding the aggressive tactics malpractice insurers use to limit payouts. If necessary an attorney may bring your case to the court.

A lot of medical malpractice claims settle out of court which is usually the case with birth injuries. A medical malpractice lawyer can make a solid case for compensation by looking over 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 reports and reports which analyze the severity of the injuries and also identify the defendants. This could include the obstetrician, nurses, surgeons, doctors and hospitals that were involved in the delivery and birth injury lawsuits. In certain states, parents are able to apply for a state-sponsored program which provides compensation to children who suffer certain birth injuries such as brain damage or paralysis.