Birth Injury AttorneysWhile advances in medicine have made birthing a more secure process, it's not without dangers. Even the smallest of mistakes made during birth can have lasting consequences for the baby and mother.
An attorney for birth injuries can help you recover damages for your losses. This could include past and future medical expenses as well as ongoing therapy costs and other damages in the form of money.
Medical Malpractice
A birth injury can cause devastating effects that last for a lifetime. A successful lawsuit could help parents gain justice and secure compensation for the future treatment of their child if an error in medicine caused the injury.
Finding a reputable lawyer is the first step in filing a claim for medical malpractice. A reputable lawyer for birth trauma will work with medical professionals and review documents to determine if there is a possibility of malpractice. They will also be able to answer all your questions and discuss the case in depth with you.
Medical negligence claims often involve complex 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 essential to find an attorney that can take on these powerful opponents.
A medical malpractice claim has four parts: duty breach, causation and damages. A
birth injury lawyer who is experienced can assist you with gathering evidence and create strong legal arguments that support each of these elements.
In a birth-injury case, the duty element is to establish that you had a professional relationship between your doctor and yourself. This can be accomplished by using medical documents or hospital invoices. The next step is to prove that you were legally obligated to perform a duty by the doctor to perform the competence and professionalism of another medical provider.
Birth Injury
A birth injury lawyer can help the family file a medical malpractice lawsuit against a medical professional or hospital who committed negligence during labor and birth. A successful legal action may result in financial compensation to aid a family in paying for their child's present and future medical expenses, lost wages, and emotional trauma.
A skilled birth injury lawyer will know how to go through the medical records of your child, identify any potential acts of negligence, and then hire experts (often other OB/GYN physicians) to examine the case and offer their opinions regarding whether there was malpractice. After the experts have analyzed your case your lawyer will be in a position to determine who was accountable for the injuries and identify 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 a claim. For birth injury claims, this is typically 30 months or two and a half (2-1/2) years after the incident of medical malpractice.
During this time the attorney will negotiate a settlement with your insurance company on your behalf. If the insurance company refuses to pay a fair amount, your lawyer will file a suit in the appropriate court to decide whether a jury or a judge will decide on the issue. This is a complex process that should only be handled by an experienced professional.
Medical Records
A medical mistake during childbirth could result in an injury. It's one of life's most exciting moments. Injuries that range from minor to severe can be long-lasting and affect the quality of life and development of a newborn. If you believe that your child is suffering from a birth-related injury due to medical negligence, you may make an action to seek compensation.
A medical malpractice claim requires the plaintiff to prove that a nurse, doctor or other healthcare professional has violated their duty of care. The medical professional has not performed their duties in accordance with the standards of the profession and the rest based on their training and knowledge. Typically, it is essential to have experts as witnesses to assist in determining the proper level of care in the case.
Medical malpractice insurers know how devastated parents can be following a birth injury that is serious, and they have legal teams that work full-time to reduce or deny payments on claims. It is important to consult with a New York birth injuries attorney as soon possible. You can avoid missing crucial deadlines and compromising your chances of recovering maximum compensation by starting the process as early as possible.
Insurance
The advancements in medicine have made childbirth a safer experience, but it still poses risks. Doctors and other medical professionals must act with care to avoid mistakes that could cause permanent harm for the mother and baby. If they fail to do so, they can be held liable for negligence and be required to pay damages.
Birth injury attorneys can help parents receive fair compensation for their past and future medical expenses as well as other damages that are not economic, like pain and suffering. Their expertise can also be helpful during settlement negotiations with insurance companies and in avoiding the aggressive tactics used by insurers to reduce payouts. Lawyers can also bring the case to trial in the event of a need.
Birth injury cases are typically settled outside of court. A medical malpractice lawyer can make a solid case 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 reports and diagnostic studies that assess the severity of the injuries as well as identify the defendants. They could be the obstetrician, nurses, doctors, surgeons, and hospitals involved in the delivery and birth. In some states, parents may apply for a state program that pays compensation to children who suffer certain birth injuries, such as brain damage or paralysis.