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Birth Injury Attorneys

While advances in medicine have made birthing a more secure process, it's not without dangers. Even small medical errors can have lasting consequences for both mother and baby.

A lawyer for birth injuries can help you recover damages. These could include past, future and ongoing medical expenses, ongoing therapy costs, and any other monetary damages.

Medical Malpractice

A birth injury can have devastating effects that can last a lifetime. If a medical error caused the injury and a successful lawsuit could help parents attain an understanding of justice, and also seek financial compensation for their child's future care needs.

The first step in pursuing the medical malpractice claim is to find a skilled lawyer. An experienced birth trauma lawyer will work with medical experts and examine documents to determine if there is any possibility of malpractice. They will also discuss the matter with you in depth and answer any questions you may have.

Medical negligence cases typically involve complex issues and difficult witnesses. Hospitals, doctors and insurance companies all have teams of lawyers on their side, who are trained to deny or reduce the amount of compensation. It is essential to find a lawyer who can defend these powerful opponents.

A medical malpractice case has four parts: duty, breach, causation, and damages. A skilled birth injury lawyer will assist you to collect evidence and build strong legal arguments to support each of these elements.

In a case of birth-related injury, the duty element is to prove that you had a professional relationship between your doctor and you. This can be done using medical documents or hospital bills. It is then necessary to establish that the doctor has the obligation to act with reasonable skill and care that you would expect from a medical professional in the same circumstance.

Birth Injury

A birth injury lawyer can assist a family in filing an action for medical negligence against the doctor or hospital that acted in negligence during labor and birth. A successful legal action can result in financial compensation to help a family cover their child's medical expenses and future costs, as well as lost wages and emotional trauma.

A experienced birth injury lawyer will be able to look over your child's medical records, identify any potential acts of negligence and employ experts (often other OB/GYN doctors) to look into the situation and give their opinion regarding whether there was malpractice. After the experts have examined your case and your lawyer has reviewed the case, they will be in a position to determine who was accountable for the injuries and 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 claims. It is usually 30 months or 2 1/2 years following the malpractice.

During this period the attorney will negotiate an agreement with your insurance company on your behalf. If the insurance company refuses to pay a reasonable amount, your lawyer will file a complaint in the appropriate court to make a jury and a judge decide on the matter. This is a lengthy process that should be left to an experienced professional.

Medical Records

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

A medical malpractice case requires that the plaintiff prove that a nurse, doctor or any other healthcare professional breached their duty to provide medical care. This means that the medical professional did not comply with the standards of their field and of the medical community, depending on the level of education and expertise they have. In most instances, it is required to employ experts who are able to establish the appropriate level of care in the situation.

Medical malpractice insurance companies know how devastated parents are following a serious birth accident and have lawyers on their teams who are on call 24/7 to deny or reduce the amount on claims. It is essential to speak with a New York birth injury attorney as soon as possible. You can avoid missing crucial deadlines and diminishing your chances of receiving maximum compensation by beginning the process as soon as possible.

Insurance

Medical advances have made childbirth a relatively safe process, but it is not without risk. Doctors and other medical professionals must be cautious to avoid errors that could have lifelong consequences for the mother as well as the baby. If they don't do so, they may be held responsible for negligence and have to pay damages.

Birth injury lawyers can help parents obtain fair compensation for past, future and non-economic damages such as suffering and pain. Their expertise also aids in insurance settlement negotiations and in avoiding the abrasive strategies that insurance companies employ to cut payouts. If needed an attorney may present your case in the court.

Many medical malpractice claims end up in court and this is especially the case for birth injuries. A medical malpractice lawyer can make a strong claim for compensation by looking over medical records of the child and hiring medical experts.

A seasoned New York City birth injury law firm can look over the medical records and request diagnostic studies and reports that assess the severity of the injuries as well as identify the defendants. They could be the obstetrician, nurses, doctors, surgeons and hospitals that were involved in the birth and delivery. In certain states, parents can apply for a state-sponsored program which provides compensation to children who suffer certain birth injuries like brain damage or paralysis.