Birth Injury Attorneys
An attorney who specializes in birth injuries can assist you in filing a medical malpractice lawsuit against a negligent obstetrician, nurse or hospital. They will request medical records to determine if there was a malpractice, and then consult with experts to look over the case.
Even minor medical mistakes made during birth can result in severe and preventable injuries that need years of treatment. A successful legal action can compensate families for these costs.
Proving Negligence
A birth injury lawyer can help you file a legal claim, recover damages, and hold negligent medical professionals accountable. This kind of lawsuit falls under the personal injury or medical negligence law and requires a lengthy investigation, expert witness testimony, and a court trial. Evidence will be needed to prove that the defendants breached their duty of care and caused harm to your child.
A skilled and experienced lawyer can create a strong case to establish negligence by concluding that the medical professional did not comply with the generally accepted practices in the community for professionals of their training and experience and that this lapse resulted in your child's injuries. Your attorney can help you find a medical expert who can establish a standard of care.
Families whose children suffer an injury during birth can be under a great emotional and financial stress. Lifelong medical costs and therapy to treat a child's injuries can drain savings of a family. An experienced
birth injury lawyer can evaluate your family's financial situation and the needs of your family for the rest of your life to negotiate a settlement which will cover all expenses. They can also manage communications with insurers and their lawyers on your behalf to prevent bargaining with settlements that are too low. They can also request your medical records and ensure that they are not lost or altered.
Collecting Evidence
While advancements in medical technology for childbirth have made it safer than ever before, babies and mothers are vulnerable to risk during each labor. New York law requires obstetricians and other medical professionals who attend the birth to take reasonable care and avoid errors that could result in long-lasting or even permanent implications. If they fail to do so they could be held accountable for a lawsuit against a birth injury seeking financial compensation.
It is crucial to build a strong case. A reputable birth injury lawyer will work with a team of experts to examine medical records and diagnoses, treatments, and other evidence in order to determine if the doctors breached the standards of their profession's care. This is the foundation of an effective lawsuit.
If the doctor's actions resulted in a serious injury to your child, we will seek damages for your child's future and past medical expenses, income loss emotional distress, other losses. We will also seek compensation for any additional costs you've had to pay, or will be able to incur in the future for your child's care. This includes therapy sessions and other educational programs.
During the litigation there is a tendency for the defendants or their insurance companies to try and blame or conceal important facts. An experienced attorney will know how to contest these attempts to ensure that the final trial outcome accurately reflects the medical provider's obligation.
Preservation of Evidence
The most important aspect to take in a lawsuit involving medical malpractice is to collect and save evidence. This includes eyewitness testimony, photos, and expert witness testimony.
Your lawyer can help you gather the evidence needed to prove negligence and help you build a strong case for compensation. They can also preserve the evidence for trial and make sure that the case is the legal requirements.
When medical professionals fail to fulfill their duties of care, patients could suffer severe injuries and losses.
Birth injury lawyers can help ensure that medical professionals are held accountable and seek compensation for life-long care costs and income loss. They can also assist you with emotional distress and other damages.
After the initial consultation, the attorney can give you an idea of the chances of winning the lawsuit and give suggestions for the best way to proceed. They can also look over your case, and begin the process of obtaining documents from the medical field and getting expert opinions to be given.
Your lawyer will also manage the process of claiming and handle all communications with insurance companies in order to avoid the occurrence of important deadlines. They can also assist you to negotiate an appropriate settlement that represents your losses. They can also defend against insurers who attempt to pressure you into accepting lowball offers. If a settlement cannot be reached, they can file a lawsuit to put pressure on the insurers.
Filing a Lawsuit
A lawsuit against the medical professional accountable for the injury of your child could aid in obtaining compensation to cover life-long care costs and losses. Unfortunately medical malpractice cases are complicated and time-consuming. A competent lawyer will handle your case and work with the insurers to avoid delays.
Your lawyer will have to demonstrate that your doctor was obligated to you by the duty of care, that he or her breached that duty, and that your child suffered harm as a result of the breach. It is important to collaborate with a team of medical experts in order to define the standard care you should receive and how your doctor was not up to the mark.
In addition to doctors and nurses, midwives may be defendants in birth injury lawsuits. While some are licensed, trained professionals who can assist in normal pregnancies, New York law states that they must refer patients to obstetricians when complications arise during a delivery or if a risk assessment indicates the mother is at high danger.
A birth injury attorney can help you create an evidence-based argument and secure expert witnesses to back up your claim. The majority of birth injury lawyers operate on a contingency fee basis. They finance all costs related to your case and only get paid when they are able to recover compensation for you. The percentage of contingency fees ranges from 33% to 40% on the total settlement.