Birth Injury Litigation: The Good The Bad And The Ugly

Birth Injury Attorneys

While medical advances have made birthing a safer process, it still has dangers. Unfortunately, even small medical mistakes can have lifelong consequences for the baby and mother.

A birth injury lawyer can help you recover damages for your losses. These could include the past, future and ongoing medical expenses, ongoing therapy expenses and other damages in the form of money.

Medical Malpractice

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

Finding a reputable lawyer is the first step in pursuing a claim for medical malpractice. A reputable lawyer for birth trauma will work with medical professionals and look over records to identify potential malpractice. They will also answer all your questions and discuss the matter in detail with you.

Medical negligence claims can be complicated and involve difficult witnesses. Doctors, hospitals, and insurance companies have teams of lawyers on their side who are trained to refuse or reduce the amount paid. It is vital to find a lawyer who is able to defend these powerful adversaries.

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

In the case of a birth injury, the first step is to establish that your doctor had an established professional relationship with you. This could be done with medical documents or hospital bills. It is then necessary to establish that the doctor owed you the duty to perform his duties with reasonable care and skill that would be expected from a different medical provider in the same situation.

Birth Injury

A birth injury lawyer can help a family bring a medical malpractice suit against a hospital or doctor who erred during labor and delivery. A successful legal action could 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 skilled birth injury lawyer can review the medical records of your child, pinpoint any potential negligence and engage experts to look into the case. Experts are usually other OB/GYN specialists who can provide their opinion on whether malpractice was involved. After the experts have reviewed the case, your lawyer will determine who is responsible for the injuries. They will then identify the defendants.

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

During this time the attorney will negotiate an agreement with your insurance company on your behalf. Your attorney will file a complaint in the appropriate court in the event that the insurance company does not agree to a reasonable amount. A jury or judge will decide the case. This is a lengthy procedure that should be left to a trained professional.

Medical Records

A medical mistake during childbirth can cause injuries. It's one of life's most thrilling moments. Minor to severe injuries can have a lasting impact on the quality of life and firm development of a baby. If you believe your child has suffered an injury related to birth due to medical negligence, you may claim compensation.

A medical malpractice case demands that the plaintiff demonstrate that a doctor, nurse or other healthcare professional has violated their duty to take care of patients. This means that the medical professional did not comply with the standards of their profession and the rest of the medical profession, in light of the education and experience they possess. In most instances, it is required to hire expert witnesses who are able to determine the appropriate standard in the case.

Medical malpractice insurance companies know the utter devastation parents feel after an unfortunate birth injury, and they have lawyers on their teams who are on call 24/7 to stop or reduce payments on claims. As such, it is important to talk with an New York birth injury attorney whenever you can. You can avoid missing important deadlines and reduce your chances of recovering maximum compensation by beginning the process as soon as possible.

Insurance

Medical advances have made childbirth more secure but there are risks. Doctors and other medical professionals must exercise caution to avoid errors that could cause permanent harm for both the mother and baby. If they fail to do so, they may be held accountable and required to pay for damages.

Birth injury lawyers can help parents get fair compensation for past and future medical expenses and non-economic damages, such as pain and suffering. Their experience also helps during settlement negotiations for insurance claims and in avoiding the aggressive tactics used by insurers to decrease payouts. A lawyer may also take the case to trial, in the event of a need.

Many medical malpractice claims go to court without trial and this is typically the case with birth injuries. A medical malpractice lawyer can build a strong claim to recover compensation through the review of medical documents of the child and hiring medical experts.

An experienced New York City birth injury law firm will review the medical records and firm request reports and diagnostic studies which analyze the severity of the injuries, and also identify the defendants. This could include the obstetrician and nurses, doctors, surgeons and hospitals that were involved in the delivery and birth. In certain states, families may apply to a government program that will provide an indemnity for children who suffer certain birth injuries, for example brain damage or paralysis.