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Birth Injury Attorneys

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

A birth injury lawyer will help you obtain damages for your losses. These can include the past, future and ongoing medical expenses, ongoing therapies costs, and other financial damages.

Medical Malpractice

A birth injury can cause devastating effects that can last a lifetime. If a medical error led to the injury an effective lawsuit could aid parents in achieving a sense of justice and seek the financial compensation they need to meet their child's future care needs.

The first step in pursuing a medical malpractice claim is to find a skilled lawyer. A good birth trauma lawyer will collaborate with medical professionals and look over documents to find out if there was any malpractice. They will also be able to answer all your questions and discuss the case thoroughly with you.

Medical negligence lawsuits can be complex and require difficult witnesses. Doctors, hospitals and insurance companies all have teams of lawyers on their side, who are trained to deny or reduce payments. It is important to locate an attorney who is able to fight these powerful adversaries.

There are four elements to a medical malpractice claim obligation, breach of duty, causation, and damages. A skilled birth injury lawyer will assist you to gather evidence and create strong legal arguments in support of each of these elements.

In a birth injury case, the duty element involves proving that your doctor had a professional relationship with you. This could be done by using medical documents or hospital invoices. The next step is to establish that you were required to fulfill an obligation by the doctor to exercise the care and skill by a medical professional.

Birth Injury

An attorney for birth injuries can help a family file a medical malpractice claim against the hospital or doctor who committed negligence during labor and birth. A successful legal case could result in financial compensation to help a family pay for their child's future and current medical expenses, lost wages, and emotional trauma.

A skilled birth injury lawyer can review the medical documents of your child, determine any possible negligence and engage experts to investigate the case. These experts are often other OB/GYN specialists who can offer their opinions on whether malpractice was involved. After the experts have examined your case, your lawyer will be in a position to determine who was accountable for the injuries, and then name them as defendants in the lawsuit.

In New York and most other states, there is an statute of limitations that defines the time frame for filing an action. For birth injury claims, it is usually 30 months or two and two and a half (2-1/2) years following the time that the medical malpractice occurred.

During this period your attorney will work with your insurance company to negotiate an agreement on your behalf. Your attorney will then file a suit in the appropriate court in the event that the insurance company is unwilling to pay a reasonable amount. A jury or judge will then decide the matter. This is a complex process that should only be handled by an experienced professional.

Medical Records

The birth of a child is among the most exciting moments in a person's life but it can also turn into a nightmare if an error made by a doctor during labor and delivery results in an injury. Minor to severe injuries can cause lasting damage to the quality of life and the development of a newborn. If you believe that your child suffered a birth injury due to medical negligence, you may bring a claim in order to receive compensation for future and past damages.

A medical malpractice claim requires that the plaintiff prove that a physician, nurse or any other healthcare professional breached their duty to 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 education and experience they possess. In most instances, it is required to employ expert witnesses who are able to establish the appropriate standards in the case.

Medical malpractice insurance companies know the utter devastation parents feel after a birth injury that is serious, and they have teams of attorneys who are on call 24/7 to deny or reduce the amount on claims. As such, it is imperative to consult a New York birth injury attorney as soon as possible. By contacting them early, you will avoid the possibility of ignoring crucial deadlines and ruining your chances of obtaining the maximum amount of compensation.

Insurance

The advancements in medicine have made childbirth a relatively more secure process, however there are still risks. Doctors and other professionals working in the medical field must be aware of how to avoid mistakes which could have lasting consequences for both the mother and child. If they do not take care, they could be held responsible and forced to pay for damages.

Birth injury lawyers can assist parents get fair compensation for future, past and non-economic damages like suffering and pain. Their expertise is also helpful when negotiating settlements with insurance companies and can assist in avoiding the aggressive tactics that malpractice insurers employ to decrease the amount of money they pay. If needed an attorney is needed, they can take your case to the court.

Birth injury cases are often resolved outside of court. But a skilled medical malpractice lawyer can make an argument to recover compensation by reviewing the medical records of the child and obtaining medical experts to look them over.

A New York City birth injury lawyer can look over medical records and request reports, as well as diagnostic studies to assess the extent of injuries and identify the defendants. This could include the obstetrician, nurses, surgeons, doctors and hospitals involved in the birth and delivery. In some states, families are able to apply to a government program that will provide an indemnity for children suffering from certain birth injuries, for example brain damage or paralysis.