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Birth Injury Attorneys

Although medical advances have made birthing a more secure procedure, it is not without dangers. Even minor medical mistakes can have lasting consequences for both baby and mother.

A birth injury attorney can assist you in recovering damages for your losses. These could include past and future medical expenses, ongoing therapy costs and other financial damages.

Medical Malpractice

A birth injury can result in devastating effects that last a lifetime. If a medical error caused the injury, a successful lawsuit can assist parents to attain the feeling of justice and seek financial compensation for their child's future medical needs.

The first step to pursue a medical malpractice claim is to locate a seasoned lawyer. A reputable birth trauma lawyer will work with medical professionals, and will examine the records to determine whether there is any potential for malpractice. They will also discuss the case in depth with you and answer any questions you might have.

Medical negligence claims typically require a lot of work and difficult witnesses. Hospitals, doctors, and insurance companies have lawyers on their side, who are trained to deny or reduce the amount of compensation. It is important to find an attorney who can combat these powerful opponents.





A medical malpractice lawsuit has four components: duty, breach, causation, and damages. A seasoned birth injury lawyer will work with you to collect evidence and develop strong legal arguments to support each of these elements.

In the case of a birth injury the primary requirement is to prove that you had a professional relationship with your doctor and you. This could be done with medical documents or hospital bills. The next step is to prove that you were owed an obligation by your doctor to exercise the skill and care expected by a medical professional.

Birth Injury

A birth injury lawyer could assist a family with filing a medical malpractice lawsuit against the doctor or hospital who acted with negligence during labor and delivery. A successful legal case could result in financial compensation which can help families pay for their child's future and current medical expenses, lost wages and emotional trauma.

A skilled birth injury lawyer will know how to go through your child's medical records and determine any potential instances of negligence, and also hire experts (often other OB/GYN doctors) to examine the case and give their opinion on the possibility of malpractice. After the experts have examined the case, your lawyer will determine who is responsible for the injuries. They will then identify the defendants.

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

During this period your attorney will negotiate with your insurance company to negotiate an agreement on your behalf. Your attorney will then file a suit in the appropriate court if the insurance company does not agree to a reasonable amount. A jury and judge will then make a decision. This is a lengthy process that should only be handled by an experienced professional.

Medical Records

A medical mistake during childbirth can cause an injury. It's one of the most exciting moments. Injuries that range from minor to severe can cause lasting damage to the quality of life and development of a newborn. If you believe that your child was injured during birth due to negligence by a medical professional, you can bring an action to recover compensation.

A medical malpractice case requires the plaintiff to prove that a nurse or doctor breached their duty of medical care. The medical professional not performed their duties in accordance with the standards of the profession, and the rest, is based on their training and experience. In general, it will be necessary to engage expert witnesses who can assist in determining the proper level of care in the case.

Medical malpractice insurers know how distraught parents are after an unfortunate birth injury, and they have legal teams that do their best to reduce or deny payments on claims. It is crucial to talk with an New York birth injuries attorney as soon possible. You can avoid missing important deadlines and compromising your chances of obtaining maximum compensation by starting the process as early as you can.

Insurance

Medical advances have made childbirth relatively safer however, there are still dangers. Doctors and other medical professionals must exercise caution to avoid making mistakes which could have lasting consequences for the mother as well as the baby. If they don't do so, they may be held accountable for their negligence and are required to pay for damages.

Birth injury lawyers can assist parents get fair compensation for past, future and non-economic damages such as suffering and pain. Their experience is also useful during insurance settlement negotiations, and can help avoid aggressive tactics that malpractice insurers employ to cut the amount of money they pay. If necessary an attorney could bring your case to the court.

Birth injury cases are typically resolved outside of court. But a skilled medical malpractice lawyer can create a convincing case to recover compensation by reviewing the child's medical records and enlisting medical experts to review them.

A seasoned New York City birth injury law firm can review the medical records and request diagnostic and reports that assess the severity of the injuries, and also identify the defendants. This could include the obstetrician and surgeons, nurses, and doctors involved in the birth or delivery as well as hospitals. In some states, parents are able to apply for a state program which provides compensation to children who suffer certain birth injuries like brain damage or paralysis.