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Medical advances have made childbirth more secure, but it still comes with risks. Even small medical mistakes can have long-lasting consequences for both baby and mother.
An attorney for birth injuries will help you obtain damages for your losses. This can include past and future medical expenses continuing therapy costs, and other monetary damages.
Medical Malpractice
A birth injury can result in devastating consequences that can last for the rest of your life. A successful lawsuit could help parents gain justice and recover compensation for the future treatment of their child if an error in medicine caused the injury.
Finding a skilled lawyer is the first step to making a claim against medical malpractice. A reputable lawyer for birth trauma will collaborate with medical professionals, and will examine the records to determine whether there is any potential for malpractice. They will also be able to answer all your questions and discuss the case in detail with you.
Medical negligence claims often have complicated issues and difficult witnesses. Teams of lawyers are on the side of hospitals, doctors and insurance companies who are trained to decrease or even deny payment. It is important to find an attorney who is able to combat these powerful opponents.
There are four components to a medical malpractice lawsuit duty, breach of duty, causation, and damages. A birth injury lawyer who is experienced will help you collect evidence and develop strong legal arguments to support each of these elements.
In a birth injury case, the obligation is to prove that your doctor had an established professional relationship with you. This can be done using medical documents or hospital bills. The next step is to establish that you were required to fulfill the duty by the doctor to act with the skill and care expected of another medical provider.
Birth Injury
A birth injury lawyer can help the family file a medical malpractice lawsuit against a doctor or hospital who was negligent during labor and delivery. A successful legal claim may result in financial compensation that could help a family pay for their child's future and current medical expenses, lost wages, and emotional trauma.
A seasoned birth injury lawyer will be able to look over the medical documents of your child's medical records, identify any potential negligence and engage experts to look into the case. They are typically other OB/GYN specialists who can offer their opinions on whether malpractice occurred. After the experts have examined your case and your lawyer has reviewed the case, they will be able to determine who was accountable for the injuries and name them as defendants in the lawsuit.
In all states including New York, there is an expiration date for filing an injury claim with the court, known as the statute of limitations. For birth injury claims, this usually is 30 months or two and two and a half (2-1/2) years after the malpractice occurred.
During this period your attorney will work with your insurance company to negotiate an agreement on your behalf. If the insurance company is unwilling to pay a reasonable amount, your attorney will file a complaint in the appropriate court to have a judge and jury decide on the issue. This is a difficult procedure that should only be handled by a professional.
Medical Records
The birth of a baby is one of the most exciting events in the life of a person but it can also turn into a nightmare if an error by a doctor during labor and delivery results in an injury. The severity of injuries can vary from minor to major, and often have lasting consequences for a newborn's growth and quality of life. If you believe that your child has suffered a birth-related injury due to medical negligence, you can bring an action to recover compensation.
A medical malpractice case demands that the plaintiff prove that a doctor, nurse or other healthcare professional has violated their duty to take care of patients. This means that the medical professional did not comply with the standards of their field and of the medical profession, according to the level of education and expertise they have. In general, it is essential to have experts who can determine the appropriate standard of care in the case.
Medical malpractice insurance companies are aware of how overwhelmed parents can be after an accident that causes serious injury to the baby and typically have a team of attorneys working full time to block or limit payments on claims. It is crucial to talk with an New York birth injuries attorney as soon possible. By contacting them early, you can avoid the possibility of ignoring crucial deadlines, and thus compromising the chance of recovering maximum compensation.
Insurance
The advancements in medicine have made childbirth a relatively more secure process, however it still has risks. Doctors and other medical professionals must exercise caution to avoid making mistakes that could result in permanent consequences for both the mother and baby. If they do not then, they could be held accountable and may have to pay for damages.
Birth injury lawyers can help parents get fair compensation for future, past and non-economic injuries like pain and suffering. Their experience can be helpful during negotiations with insurance companies, and can help avoid aggressive tactics that malpractice insurance companies employ to cut the amount of money they pay. If necessary, an attorney can also make your case go to the court.
Birth injuries are typically settled out of court. However, a knowledgeable medical malpractice lawyer can construct a convincing case for compensation by reviewing the medical records of the child and obtaining medical experts look them over.
A seasoned New York City
birth injury law firm will review the medical records and request diagnostic studies and reports that evaluate the severity of the injuries, and also identify the defendants. This could include the obstetrician and surgeons, nurses and doctors involved in the birth or delivery as well as the hospitals. In certain states, parents may apply for a state-sponsored program which provides compensation to children who suffer from certain birth injuries, including brain damage or paralysis.