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Birth Injury Attorneys

While advances in medicine have made birthing a more secure process, it still has risks. Unfortunately, even the tiniest of medical errors can have lifelong consequences for both mother and baby.

A birth injury lawyer can help you recover damages. This can include future and past medical expenses continuing therapy costs, and other damages in the form of money.

Medical Malpractice

Birth injuries can have devastating effects that last for a lifetime. A successful lawsuit can help parents get justice and secure compensation for the future care of their child if a medical mistake caused the injury.

The first step to pursue the medical malpractice claim is to locate an experienced lawyer. A reputable birth trauma lawyer will collaborate with medical experts and examine documents to determine if there is any possibility of malpractice. They will also answer all your questions and discuss the case in depth with you.

Medical negligence lawsuits can be complicated and require difficult witnesses. Hospitals, doctors, and insurance companies have lawyers on their side who are trained to refuse or decrease payments. It is important to locate an attorney who is able to combat these powerful opponents.

There are four components of a medical malpractice claim duty, breach of duty, causation, and damages. A birth injury lawyer who has experience will help you collect evidence and build strong legal arguments to support each of these elements.

In a birth-injury case, the duty element is to establish that you had a professional relationship with your doctor and yourself. This could be done with medical documents or hospital bills. The next step is to establish that you were owed the duty by the doctor to exercise the care and skill of a different medical provider.

Birth Injury

A birth injury lawyer can assist families bring a medical negligence lawsuit against a doctor or hospital who was negligent during labor and birth. A successful legal claim can result in financial compensation to help the family pay for the medical costs of their child and future expenses, as well as lost wages and emotional trauma.

A competent birth injury lawyer will be able to look over the medical records of your child and identify any possible acts of negligence, and also hire experts (often other OB/GYN doctors) to look over the case and provide their opinion on the degree of malpractice that occurred. 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 most 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 one-half (2-1/2) years after the incident of medical malpractice.

During this time your attorney will negotiate with your insurance company to negotiate a settlement on your behalf. If the insurance company refuses to pay a fair amount, your attorney will file a lawsuit in the appropriate court to decide whether a jury or a judge will decide the issue. This is a complex process that should be handled by an experienced professional.

Medical Records

The birth of a baby is among the most exciting times in a person's lifetime however, it can turn into an incredible nightmare if an error by a doctor during labor or delivery causes an injury. Injuries that range from minor to severe can be long-lasting and affect the quality of life and development of a baby. If you believe that your child suffered an injury during birth due to medical negligence, you may seek compensation for past and future damages.

A medical malpractice claim requires the plaintiff to prove that a nurse or doctor violated their duty of care. The medical professional not acted according to the standards of the profession, and also the rest based on their level of education and knowledge. In general, it is required to involve experts as witnesses to help determine the proper standard of care for the case.

Medical malpractice insurers are aware of how distraught parents are after an unfortunate birth injury and have teams of attorneys who are on call 24/7 to deny or lower payments on claims. It is important to consult with a New York birth injuries attorney immediately. By starting the process in the early stages, you will not run the possibility of not meeting crucial deadlines and jeopardizing your chance to recover maximum compensation.

Insurance

Medical advances have made childbirth a safer process, but there are still risks. Doctors and other medical professionals must be cautious to avoid errors that could cause permanent harm for both the mother and baby. If they don't take care, they could be held responsible for negligence and have to pay damages.

Birth injury attorneys can help parents receive fair compensation for their past and future medical expenses and non-economic damages, such as pain and suffering. Their knowledge and experience can be beneficial during settlement negotiations for insurance claims and in avoiding the abrasive tactics used by insurers to limit payouts. A lawyer can also bring the case to trial, if necessary.

Birth injury cases are typically settled outside of court. However, a skilled medical malpractice attorney can build a solid case for compensation by examining the child's medical records and enlisting medical experts to review them.

An experienced New York City birth injury law firm can look over the medical records and request diagnostic studies and reports which analyze the severity of the injuries and also identify the defendants. They could include the obstetrician or nurses, surgeons, doctors and hospitals involved in the delivery and birth. In certain states, parents may apply for a state-sponsored program that pays compensation to children who suffer from certain birth injuries such as brain damage or paralysis.