Birth Injury Litigation: The Good The Bad And The Ugly

Birth Injury Attorneys

Although medical advances have made birthing a safer process, it's not without risks. Even the smallest of medical mistakes can have lifelong consequences for both mother and baby.

A birth injury lawyer can help you recover damages. This could include past and future medical expenses in addition to ongoing therapy costs and other monetary damages.

Medical Malpractice

A birth injury could have devastating consequences that last for the rest of your life. A successful lawsuit can help parents get justice and secure compensation for the future care of their child in the event that a medical mistake caused the injury.

Finding a reputable lawyer is the first step to seeking a claim for medical malpractice. A reputable birth trauma lawyer will work with medical experts and look over documents to determine if there is any possibility of malpractice. They will also be able to answer all your questions and discuss the case thoroughly with you.

Medical negligence claims are often complicated and require difficult witnesses. Teams of lawyers are on the side of doctors, hospitals and insurance companies who are trained to reduce or stop payments. It is important to find a lawyer that can take on these powerful opponents.

There are four elements to a medical malpractice claim: duty, breach of duty, causation and damages. An experienced birth injury lawyer will work with you to gather evidence and build strong legal arguments in support of each of these elements.

In a birth-injury case, the duty element is to establish that you had a professional relationship between your doctor and yourself. This could be done with medical documents or hospital bills. The next step is to establish that you were owed a duty by the doctor to exercise the skill and care expected of a different medical provider.

Birth Injury

A birth injury lawyer can assist the family file a medical negligence lawsuit against a medical professional or hospital who acted negligently during labor and birth. A successful legal action may result in financial compensation which can help a family pay for their child's current and future medical expenses, lost wages, and emotional trauma.

A skilled attorney for birth injuries will be able review the medical documents of your child, pinpoint any negligence-related issues and then hire experts to investigate the case. They are typically other OB/GYN specialists who can offer their opinions on whether malpractice occurred. Once the experts have reviewed your case, your lawyer will be in a position to determine who was accountable for the injuries and naming them as defendants in the lawsuit.

In all states, including New York, there is a deadline for filing an injury claim before the court, referred to as the statute of limitations. For birth injury claims, this is typically 30 months or two and two and a half (2-1/2) years after the medical malpractice occurred.

During this time your attorney will negotiate with your insurance company to negotiate a settlement on your behalf. Your attorney will file a suit in the appropriate court if the insurance company refuses a reasonable amount. A jury and judge will then decide on the issue. This is a lengthy procedure that should be handled by an experienced professional.

Medical Records

The birth of a child is among the most exciting times in a person's lifetime, but it can turn into a nightmare if a medical mistake during labor or delivery causes an injury. Injuries that range from minor to severe can have a long-lasting impact on the quality of life and the development of a newborn. If you think that your child suffered injuries to their birth due medical negligence, you may bring a claim in order to receive compensation for future and past damages.

A medical malpractice claim requires that the plaintiff prove that a physician, nurse or any other healthcare professional breached their duty of provide medical care. The medical professional not acted according to the standards of the profession and the rest is based on their training and knowledge. In most cases, it is necessary to engage expert witnesses who are able to determine the appropriate standard in the case.

Medical malpractice insurance companies understand the utter devastation parents feel after a birth injury that is serious and have attorneys on staff who dedicate their time to deny or lower payments on claims. It is essential to speak with a New York birth injuries attorney early enough. By starting the process in the early stages, you will not run the possibility of not meeting crucial deadlines and thereby reducing your chances of obtaining the maximum amount of compensation.

Insurance

Medical advances have made childbirth a relatively more secure process, however it is not without risk. Doctors and other medical professionals in the field must be careful to avoid errors which could have lasting consequences for both the mother and the child. If they fail to do so then, they could be held accountable for negligence and must pay damages.

Birth injury lawyers can help parents receive fair compensation for future, past and birth injury law firm non-economic injuries like pain and suffering. Their expertise can also be helpful during settlement negotiations with insurance companies and in avoiding the abrasive strategies that insurance companies employ to decrease payouts. If necessary an attorney may present your case in court.

Birth injury cases are often resolved out of court. However, a skilled medical malpractice lawyer can create an argument for compensation by looking over the child's medical records and obtaining medical experts to examine them.

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