Birth Injury Attorneys
Medical advances have made childbirth safer, however it still comes with risks. Even minor medical errors could have long-lasting consequences for both mother and baby.
A birth injury lawyer can help you recover damages. These could include past and future medical expenses as well as ongoing therapy costs and other damages in the form of money.
Medical Malpractice
A birth injury could have devastating effects that last for a lifetime. If a medical error caused the injury the lawsuit will help parents attain a sense of justice and obtain an amount of money to cover their child's future needs for care.
Finding a skilled lawyer is the first step in filing a claim for medical negligence. A reputable lawyer for birth trauma will work with medical professionals and review documents to find out if there was any malpractice. They will also discuss the case with you in detail and answer any questions you might have.
Medical negligence cases typically require a lot of work and difficult witnesses. Doctors, hospitals and insurance companies all have teams of lawyers on their side who are trained to refuse or reduce the amount of compensation. It is important to find a lawyer who is able to fight these formidable opponents.
There are four elements to a medical malpractice lawsuit the breach of duty, causation, and damages. A seasoned birth injury lawyer will work with you to collect evidence and construct strong legal arguments in support of each of these elements.
In a birth injury case, the first step is to establish that your doctor had an professional relationship with you. This can be done using medical records or hospital invoices. The next step is to establish that you were owed an obligation by your doctor to perform the skill and care expected from a different medical professional.
Birth Injury
A birth injury lawyer could assist a family with filing a medical malpractice lawsuit against the doctor or hospital who committed negligence during labor and delivery. A successful legal action could result in financial compensation that helps a family cover their child's medical expenses and future costs, as well as the loss of earnings and emotional trauma.
A skilled
birth injury attorney will be able to look over the medical records of your child, pinpoint any negligence-related issues and employ experts to look into the case. Experts are usually other doctors in the field of OB/GYN who are able to give their opinion on whether malpractice was involved. After the experts have analyzed the case, the lawyer will determine who is accountable for the injuries. They will then name them as defendants.
In New York and most other states there is a statute of limitations which sets the deadline for filing claims. For birth injury claims, this usually is 30 months or two and one-half (2-1/2) years after the medical 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 if the insurance company refuses to pay a reasonable amount. A jury or judge will then decide the matter. This is a lengthy procedure that should be handled by an experienced professional.
Medical Records
The birth of a baby is among the most exciting occasions in the life of a person however, it can turn into an incredible nightmare if an error made by a doctor during labor or delivery causes an injury. The severity of injuries can vary from minor to severe and often have lasting effects on a newborn's development and quality of life. If you think that your child suffered injuries to their birth due medical malpractice, you can bring a claim in order to receive compensation for past and future damages.
A medical malpractice claim requires the plaintiff to show that a nurse or doctor breached their duty of care. This means that the medical professional did not follow the standards of their profession and the rest of the medical profession, in light of the knowledge and training they possess. Generally, it will be necessary to get experts as witnesses to assist in determining the proper standard of care in the case.
Medical malpractice insurers are aware of how devastated parents are following a serious birth accident, and they have legal teams that are on call 24/7 to reduce or deny payments on claims. It is important to consult with an New York birth injuries attorney immediately. You can avoid missing crucial deadlines and reduce your chances of recovering maximum compensation by beginning the process as early as possible.
Insurance
The advancements in medicine have made childbirth a lot safer but there are risks. Medical professionals and doctors must act with care to avoid making mistakes which could have lasting consequences for both the mother and baby. If they fail to do so, they can be held liable for negligence and have to pay damages.
Birth injury lawyers can help parents get fair compensation for past, future and non-economic damages such as suffering and pain. Their experience is also beneficial during negotiations with insurance companies, and could help avoid aggressive tactics malpractice insurers employ to cut the amount of money they pay. A lawyer may also take the case to trial if necessary.
Many medical malpractice claims settle out of court and this is especially the case with birth injuries. A medical malpractice lawyer can create a solid case for compensation by reviewing medical records of the child and hiring medical experts.
An experienced New York City
birth injury law firm will review the medical records and request diagnostic reports and reports that evaluate the severity of the injuries, as well as identify the defendants. This could include the obstetrician as well as surgeons, nurses, and doctors involved in the birth or delivery and the hospitals. In certain states, families may apply to a state program that provides a guarantee for children who suffer certain birth injuries, for example brain damage or paralysis.