Birth Injury Attorneys
An attorney who specializes in
birth injuries will assist you in filing an action for medical negligence against a negligent obstetrician nurse or hospital. They will seek medical records to determine whether there was any malpractice, and then consult with experts to review the case.
Little medical errors made during childbirth can cause serious and preventable injuries that require years of treatment. A successful legal claim can help families pay for these costs.
Proving Negligence
A birth injury attorney can help you file an action in court, recover damages, and hold the negligent medical professionals accountable. This kind of lawsuit falls under personal injury or medical malpractice law, which requires extensive investigation, expert testimony, and an investigation. Evidence will be required to establish that the defendants acted in breach of their duty of care and caused harm to your child.
An experienced and qualified lawyer can build an airtight case to prove negligence by proving that the medical professional did not comply with the generally accepted practices in the community for professionals of their training and experience and that this lapse caused the injuries to your child. Your attorney can help locate a medical professional who can establish the standard of treatment.
Families who are affected by a birth injury can face tremendous financial and emotional stress. The cost of medical treatment and therapy for a child can drain savings of a family. An experienced birth injury attorney can evaluate your family's finances and lifetime care needs to negotiate a settlement that fully covers the costs. They can also communicate with insurance companies and their lawyers to avoid settlements that are low. They can also request medical records on your behalf and ensure that these records aren't lost or changed.
Collecting Evidence
While advances in childbirth have made it more secure than ever before, both parents and infants are at risk during every labor. New York law requires that obstetricians, and other medical professionals who attend the birth, act with reasonable care to avoid errors that could cause long-lasting harm or even permanent ones. If they do not follow this, they could be held liable for a lawsuit seeking financial compensation.
It is important to build a solid case. A good birth injury lawyer will work with a team of experts to review medical records diagnosis, treatment, and other evidence in order to determine if the doctor violated their profession's standard of care. This is the key to a successful lawsuit.
If the doctor's actions caused an injury of a serious nature and/or death, we will seek compensation for future and past medical expenses, loss income and emotional distress as well as other expenses. We will also seek compensation for any additional expenses you've had to pay or incur to care for your child as they grow up, such as therapy sessions and special education.
During the litigation process, it is common for defendants and their insurance companies to attempt to shift blame or misstate important facts. A knowledgeable attorney will know how to thwart these attempts and ensure that the final verdict accurately reflects the responsibilities of the medical professional.
Conserving Evidence
The most important aspect to take in a medical malpractice lawsuit is to collect and save evidence. This includes eyewitness testimony, photos, and expert witness testimony.
Your lawyer can help you collect the evidence you require to prove negligence, and develop an argument for compensation. They can also help preserve evidence for trial and make sure that your case meets legal requirements.
When medical professionals fail in their duties of care, patients may suffer severe injuries and losses. Birth injury lawyers can help you hold at-fault medical workers accountable and seek compensation to cover lifetime care costs and lost income, emotional stress, and more.
Once the initial consultation is finished the lawyer will be able to make a more informed assessment of whether they think you have a good chance of winning your lawsuit. They can make recommendations on how to proceed. Additionally, they will review your case and start the process of getting medical records and making arrangements for experts to provide their opinion on the claim.
Your lawyer will manage all correspondence with insurers as well as oversee the claims process to ensure that you don't miss crucial deadlines. They can also assist you to negotiate an equitable settlement that accurately reflects your damages. They can also take on insurance companies who try to force you into accepting lowball deals. If a settlement cannot be reached, they may make a claim to put pressure on the insurers.
Filing an action
You may be able to claim compensation for the lifetime costs for the care of your child and any losses. Medical malpractice claims can be a bit complicated and time-consuming. A good lawyer will take over communication with insurers and manage your family's claim to avoid costly delays.
Your lawyer will need to demonstrate that the doctor acted in breach of obligations of care and that your child suffered due to the breach. This will require collaborating with a team of medical experts to define the standard of care and how your doctor was not up to the standard.
Midwives may be sued alongside doctors, nurses and other defendants. Some midwives are licensed, trained professionals who can help with normal pregnancy. However, New York law requires that they be referred to an obstetrician whenever complications occur during delivery, or when the risk assessment suggests that the mother is at high risk.
Engaging a birth injury lawyer will help you develop an evidence-based argument and secure expert witnesses to back up your claim. Most
birth injury attorneys work on a contingency basis. This means they advance all costs related to your case, and only pay if they successfully get compensation for you. A contingency fee percentage usually can be found between 33% and 40 percent of the settlement.