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Birth Injury Attorneys

Although medical advances have made birthing a more secure process, it still has dangers. Even minor medical mistakes can have long-lasting effects for both mother and baby.

An attorney for birth injuries can assist you in recovering damages for your losses. These can include future, past and ongoing costs for medical treatment, ongoing costs, and other financial damages.

Medical Malpractice

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

Finding a reputable lawyer is the first step to filing a claim for medical negligence. A reputable birth trauma lawyer will work with medical professionals, and will examine documents to find out if there was any malpractice. They will also discuss the matter with you in depth and answer any questions you might have.

Medical negligence claims can be complicated and involve difficult witnesses. Doctors, hospitals and insurance companies have lawyers on their side, who are trained to deny or reduce the amount paid. It is important to find a lawyer who is able to stand up against these powerful adversaries.

There are four elements of a medical negligence claim duty, breach of duty, causation, and damages. An experienced birth injury lawyer will assist you to collect evidence and develop strong legal arguments in support of each of these elements.

In the case of a birth injury the primary requirement is to prove that you had a professional relationship with your doctor and yourself. This can be accomplished using medical documents or hospital bills. The next step is to establish that you are owed an obligation by your doctor to act with the expertise and care from a different medical professional.

Birth Injury

A birth injury lawyer can help families file an action for medical malpractice against a doctor or hospital who was negligent during labor and delivery. A successful legal action can result in financial compensation that helps the family cover the medical costs of their child and future expenses, along with the loss of wages and emotional trauma.

A seasoned birth injury lawyer will be able review the medical documents of your child's medical records, identify any possible acts of negligence, and hire experts to examine the case. These experts are often other OB/GYN physicians who can provide their opinion on whether malpractice took place. After the experts have analyzed the case, your lawyer can determine who is responsible for the injuries. They will then identify the defendants.

In New York and most other states there is a statute of limitation that specifies the deadline for filing a claim. For birth injury claims, this usually is 30 months or two and one-half (2-1/2) years after the malpractice occurred.

During this period during this time, your attorney will negotiate a settlement with your insurance company on behalf of you. Your attorney will file a complaint in the appropriate court if the insurance company refuses a reasonable amount. A jury and judge will then decide on the issue. This is a complex procedure that should be handled by a trained professional.

Medical Records

The birth of a baby is among the most exciting occasions in a person's lifetime, but it can be a terrifying nightmare if an error by a doctor during labor and delivery causes an injury. Minor to severe injuries can have a lasting impact on the quality of life and development of a newborn. If you believe that your child sustained a birth injury due to medical negligence, you may bring a claim in order to receive damages for future and past damages.

A medical malpractice claim requires the plaintiff to prove that a nurse or doctor violated their duty of care. This means that the medical professional did not follow the standards of their profession as well as the rest of the medical community, in light of the education and expertise they have. In the majority of instances, it is required to employ experts to testify on behalf of the client to determine the appropriate standard in the case.

Medical malpractice insurers are aware of how distraught parents are after an unfortunate birth injury, and they have teams of attorneys who are on call 24/7 to deny or reduce the amount on claims. It is vital to consult an New York birth injury attorney immediately. You can avoid missing important deadlines and decrease your chances of recovering maximum compensation by beginning the process as early as you can.

Insurance

The advancements in medicine have made childbirth a relatively safer process, but it still has risks. Doctors and other medical professionals must be cautious to avoid mistakes that could result in permanent consequences for the mother and baby. If they do not, they may be held accountable and may have to pay damages.

Birth injury lawyers can assist parents obtain fair compensation for past, future and non-economic damages such as suffering and pain. Their expertise can also be helpful during settlement negotiations with insurance companies and in avoiding the abrasive tactics malpractice insurers use to limit payouts. A lawyer may also bring the case to trial, should it be necessary.

Many medical malpractice cases go to court without trial which is usually applicable to birth injury cases. A medical malpractice lawyer can construct an effective claim to recover compensation through the review of medical records of the child, and hiring medical experts.

A seasoned New York City birth injury law firm can review the medical records and request diagnostic and reports which analyze the severity of the injuries and also identify the defendants. This could include the obstetrician as well as surgeons, nurses, and doctors involved in the birth or delivery as well as hospitals. In certain states, parents are able to apply for a state program that compensates children who suffer certain birth injuries like brain damage or paralysis.