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Birth Injury Attorneys
Although advances in medicine have made birthing a more secure procedure, it is not without dangers. Even small medical errors can have long-lasting consequences for both mother and baby.
A birth injury attorney can assist you in obtaining damages for your losses. These can include future, past and ongoing costs for medical treatment, Birth Injury Law Firm ongoing expenses and other damages in the form of money.
Medical Malpractice
A birth injury can cause devastating effects that last for a lifetime. A successful lawsuit can help parents get justice and recover compensation for the future care of their child in the event that an error in medicine caused the injury.
The first step in pursuing a medical malpractice claim is to find a skilled lawyer. A good birth trauma attorney will collaborate with medical experts and review documents to determine if there is any possibility of malpractice. They will also discuss the case in depth with you and answer any questions you might have.
Medical negligence claims often have complicated issues and difficult witnesses. Teams of lawyers are on the side of doctors, hospitals and insurance companies, who are trained to cut or even deny payment. It is vital to locate a lawyer who has the ability to take on these powerful opponents.
There are four elements of a medical negligence claim duty, breach of duty, causation and damages. An experienced lawyer for birth injuries will work with you to collect evidence and construct strong legal arguments in support of each of these elements.
In the case of birth injuries the main requirement is to establish that you had a professional relationship with your doctor and you. This can be done using medical records or hospital bills. The next step is to establish that you are owed a duty by the doctor to exercise the competence and professionalism of another medical provider.
Birth Injury
An attorney for birth injuries can help a family file an action for medical malpractice against the hospital or doctor who acted with negligence during labor and delivery. A successful legal action may result in financial compensation to help families pay for their child's current and future medical expenses, lost wages and emotional trauma.
A skilled birth injury attorney can review the medical documents of your child's medical records, identify any potential negligence and employ experts to examine the case. These experts are often other OB/GYN physicians who can give their opinion as to whether malpractice occurred. After the experts have examined the case, your 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 one-half (2-1/2) years after the incident of medical malpractice.
During this time your attorney will work with your insurance company to negotiate an agreement on your behalf. If the insurance company is unwilling to pay a reasonable amount, your attorney will file a complaint in the appropriate court to have a judge and jury decide on the issue. This is a difficult process that should be handled by a trained professional.
Medical Records
The birth of a baby is one of the most exciting events in a person's life but it can also turn into a nightmare if an error made by a doctor during labor or delivery causes an injury. The injuries can range from minor to major, and often have lasting impacts on a baby's development and quality of life. If you believe your child has suffered an injury related to birth due to negligence by a medical professional, you can bring an action to recover compensation.
A medical malpractice case requires the plaintiff to show that a nurse or doctor breached their duty to care. The medical professional has not performed their duties in accordance with the standards of the profession and the rest is based on their training and expertise. Generally, it will be necessary to get experts to determine the appropriate standard of care in the case.
Medical malpractice insurance companies understand how devastated parents are following a birth injury that is serious and have attorneys on staff who dedicate their time to deny or reduce the amount on claims. It is important to consult with a New York birth injuries attorney immediately. You can avoid missing important deadlines and decrease your chances of getting maximum compensation by beginning the process as soon as possible.
Insurance
The advancements in medicine have made childbirth a relatively safer experience, but there are still risks. Doctors and other professionals in the medical field must take care to avoid making mistakes that could result in long-lasting harm for both mother and child. If they do not do so, they could be held accountable and may have to pay damages.
Birth injury lawyers can help parents obtain fair compensation for future, past and non-economic injuries like suffering and pain. Their expertise also aids in settlement negotiations for insurance claims and in avoiding the aggressive tactics used by insurers to reduce payouts. If necessary an attorney may bring your case to court.
Many medical malpractice claims go to court without trial and this is especially true for birth injury lawyer injury cases. However, a seasoned medical malpractice lawyer can construct a solid case for compensation by reviewing the medical records of the child and obtaining medical experts to look them over.
An experienced New York City birth injury law firm can look over the medical records and request diagnostic reports and reports that evaluate the severity of the injuries, and also identify the defendants. These could include the obstetrician, nurses, doctors, surgeons, and hospitals involved in the delivery and birth. In certain states, families are able to apply to a government program that offers an indemnity for children suffering from certain birth injuries, like brain damage and paralysis.
