Birth Injury Attorneys
Although medical advances have made birthing a safer procedure, it is not without dangers. Even small medical errors can have lasting consequences for both the baby and mother.
An attorney for birth injuries can help you recover damages for your losses. These could include current, future and past medical expenses, ongoing therapies costs, and any other monetary damages.
Medical Malpractice
Birth injuries can have devastating consequences that last for the rest of your life. A successful lawsuit can help parents obtain justice and recover compensation for the future care of their child if an error in medical care caused the injury.
Finding an experienced lawyer is the first step to seeking a claim for medical negligence. A reputable birth injury law firms trauma lawyer will collaborate with medical experts, and scrutinize the records to discover any potential malpractice. They will also answer all your questions and discuss the case in detail with you.
Medical negligence lawsuits typically require a lot of work and difficult witnesses. Teams of lawyers are on the side of hospitals, doctors and insurance companies, who are trained to limit or deny payments. It is crucial to find an attorney who can combat these powerful opponents.
There are four components to a medical malpractice lawsuit: duty, breach of duty, causation, and damages. A birth injury lawyer with years of experience can assist you with gathering evidence and create strong legal arguments to defend each of these elements.
In a birth-injury case the main requirement is to establish that you had a professional relationship with your doctor and you. This could be done using medical documents or hospital invoices. The next step is to establish that you were owed an obligation by the doctor to act with the skill and care expected from a different medical professional.
Birth Injury
An attorney for birth injuries can help a family file an action for medical malpractice against the hospital or doctor that acted in negligence during labor and delivery. A successful legal action may result in financial compensation which can assist a family with their child’s present and future medical expenses, lost wages and emotional trauma.
A seasoned birth injury lawyer will be able to look over the medical documents of your child’s medical records, identify any possible negligence and then hire experts to investigate the case. These experts are often other doctors in the field of OB/GYN who are able to provide their opinion on whether malpractice was involved. After the experts have reviewed the case, the lawyer will determine who is accountable for the injuries. They will then name them as defendants.
In New York and most other states there is a statute of limitations which stipulates the deadline to file a claim. For birth injury claims, this is usually 30 months or two and a half (2-1/2) years following the time that the medical malpractice occurred.
During this time the attorney will negotiate an agreement with your insurance company on your behalf. If the insurance company is unwilling to pay a reasonable amount, your attorney will file a lawsuit in the appropriate court to get a jury and judge to decide on the matter. This is a difficult process that should be handled by a trained professional.
Medical Records
The birth of a child is one of the most exciting occasions in a person’s life, but it can turn into a nightmare if a medical error during labor and birth causes an injury. The injuries can range from minor to serious, and they often have long-lasting impacts on a baby’s development and quality of life. If you suspect that your child has suffered a birth-related injury due to medical negligence, you may file an action to recover compensation.
A medical malpractice case requires the plaintiff to show that a nurse or doctor breached their duty to care. This means that the medical professional failed to follow the standards of their profession and the rest of the medical community, in light of the education and experience they possess. In most cases, it is necessary to hire experts to testify on behalf of the client to determine the appropriate level of care in the situation.
Medical malpractice insurers are well aware of how devastated parents can be after an injury to their baby, and they typically have teams of lawyers working full time to block or limit payments on claims. As such, it is vital to consult a New York birth injury attorney as soon as possible. You can avoid missing important deadlines and diminishing your chances of recovering maximum compensation by starting the process as soon as you can.
Insurance
Medical advances have made childbirth a safer experience, but it is not without risk. Doctors and other professionals working in the medical field must be aware of how to avoid errors that could cause long-lasting damage for both mother and child. If they fail to do so then, they could be held liable for negligence and must pay damages.
Birth injury lawyers can help parents get fair compensation for future, past and non-economic injuries like suffering and pain. Their expertise is also helpful when negotiating settlements with insurance companies and could help avoid aggressive tactics that malpractice insurers employ to decrease payouts. If necessary an attorney could bring your case to court.
Birth injury cases are typically settled out of court. A medical malpractice lawyer can make a strong claim for compensation by looking over medical records of the child, and hiring medical experts.
A New York City birth injury lawyer can look over medical documents and request reports and diagnostic studies to analyze the severity of the injuries and identify defendants. They could be the obstetrician, nurses, doctors, surgeons and hospitals that were involved in the birth and delivery. In certain states, families can apply for a state-sponsored program that offers an indemnity for children suffering from certain birth injuries, such as brain damage or paralysis.