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Birth Injury Attorneys

Although advances in medicine have made birthing a safer procedure, it is not without dangers. Even small medical mistakes can have long-lasting effects for both baby and mother.

An attorney who specializes in birth injuries can help you recover damages for your losses. This can include future and past medical expenses, ongoing therapy costs and other damages in the form of money.

Medical Malpractice

A birth injury could have devastating consequences that last for the rest of your life. If a medical error caused the injury and a successful lawsuit could aid parents in achieving an appreciation of justice and obtain financial compensation for their child's future needs for care.

Finding an experienced 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 matter in detail with you.

Medical negligence claims typically require a lot of work and difficult witnesses. Doctors, hospitals as well as insurance companies have lawyers on their side, who are trained to deny or reduce payments. It is important to find a lawyer that can fight these formidable adversaries.





There are four parts to a medical malpractice claim duty, breach of duty, causation and damages. A birth injury lawyer with experience can assist you in gathering evidence and develop strong legal arguments to defend each of these elements.

In a case of birth-related injury the main requirement is to prove that you had a professional relationship with your doctor and yourself. This can be accomplished by using medical documents or hospital invoices. The next step is to establish that the doctor had the duty to perform his duties with reasonable care and skill that you would expect from a different medical professional in the same situation.

Birth Injury

A birth injury lawyer can assist a family bring a medical negligence lawsuit against a doctor or hospital who committed negligence during labor and birth. A successful legal claim can result in financial compensation to help a family cover the medical expenses of their child as well as future costs, as well as lost wages and emotional trauma.

A competent birth injury lawyer will be able to look over the medical records of your child and identify any possible acts of negligence, and also hire experts (often other OB/GYN doctors) to examine the case and provide an opinion on whether malpractice occurred. Once the experts have reviewed the case, the lawyer will determine who is responsible for the injuries. They will then identify them as defendants.

In the majority of states, including New York, there is an expiration date for filing an injury claim with the court. This is known as the statute of limitations. This usually is 30 months or 2 1/2 years after the malpractice.

During this period your attorney will negotiate a settlement with your insurance company on your behalf. Your attorney will file a complaint in the appropriate court if the insurance company refuses to pay a reasonable amount. A jury and judge will then decide on the issue. This is a complex procedure that should be left to a trained professional.

Medical Records

The birth of a baby is one of the most exciting events in the life of a person, but it can be a terrifying nightmare if an error made by a doctor during labor and birth causes an injury. Injuries that range from minor to severe can have a lasting impact on the quality of life and development of a baby. If you believe your child suffered an injury at birth due to medical malpractice, you can seek damages for future and past damages.

A medical malpractice claim requires the plaintiff to show that a nurse or doctor violated their duty of care. The medical professional not performed their duties in accordance with the standards of the profession, and the rest, is based on their level of training and knowledge. In general, it is required to involve experts to assist in determining the proper standard of care in the case.

Medical malpractice insurers are well aware of how distraught parents can feel following an accident that causes serious injury to the baby and typically have a team of lawyers working 24/7 to block or limit payments on claims. It is important to consult with a New York birth injuries attorney early enough. You can avoid missing crucial deadlines and reduce your chances of recovering maximum compensation by beginning the process as soon as you can.

Insurance

Medical advances have made childbirth a relatively safe process, but it is not without risk. Doctors and other medical professionals must exercise caution to avoid making mistakes that could result in permanent consequences for the mother and child. If they fail to do so then, they could be held accountable for negligence and have to pay damages.

Birth injury attorneys can help parents get fair settlements for past and upcoming medical expenses and other damages that are not economic, like pain and suffering. Their experience is also useful during negotiations with insurance companies, and can assist in avoiding the aggressive tactics that malpractice insurance companies employ to decrease payouts. A lawyer can also bring the case to trial, if necessary.

Many medical malpractice claims are settled out of court and this is especially the case for birth injuries. But a skilled medical malpractice lawyer can construct a strong case to recover compensation by reviewing the child's medical records and obtaining medical experts look them over.

A New York City birth injury lawyer can review medical documents, request reports and diagnostic studies to analyze the extent of the injuries and identify defendants. This could include the obstetrician, surgeons, nurses and doctors involved in the birth or delivery as well as the hospitals. In some states, parents can apply for a state-sponsored program that compensates children who suffer certain birth injuries, such as brain damage or paralysis.