20 Trailblazers Lead The Way In Birth Injury Litigation
Birth Injury Attorneys
While medical advances have made birthing a safer procedure, it is not without risks. Unfortunately, even the tiniest of mistakes made during birth can have lasting consequences for both the mother and baby.
A birth injury attorney can help you recover damages for your losses. This could include past and future medical expenses in addition to ongoing therapy costs and other damages in the form of money.
Medical Malpractice
A birth injury can have devastating effects that last for the rest of your life. If a medical error led to the injury the lawsuit will help parents achieve a sense of justice, and also seek the financial compensation they need to meet their child's future needs for care.
Finding a skilled lawyer is the first step to filing a claim for medical malpractice. A reputable birth trauma lawyer will collaborate with medical experts and review the records to discover any potential malpractice. They will also answer all your questions and discuss the case in detail with you.
Medical negligence cases can be complicated and require difficult witnesses. Doctors, hospitals and insurance companies have teams of lawyers on their side who are trained to deny or reduce the amount of compensation. It is essential to find an attorney that can tackle these formidable adversaries.
There are four components of a medical malpractice claim: duty, breach of duty, causation and damages. A birth injury lawyer who is experienced can assist you with gathering evidence and create strong legal arguments that support each of these elements.
In the case of a birth injury, the duty element is to establish that you had a professional relationship between your doctor and yourself. This can be done using medical records or hospital invoices. The next step is to establish that you were legally obligated to perform a duty by the doctor to act with the competence and professionalism of a different medical provider.
Birth Injury
A birth injury attorney can assist a family in filing a medical malpractice lawsuit against the doctor or hospital that acted in negligence during labor and delivery. A successful legal action could result in financial compensation to help a family pay for their child's present and future medical expenses, lost wages and emotional trauma.
A skilled birth injury law firm injury attorney will be able to review the medical records of your child's medical records, identify any possible negligence and employ experts to investigate the case. These experts are typically other OB/GYN physicians who can provide their opinion on the extent of malpractice. Once the experts have reviewed the case, your lawyer will determine who is responsible for the injuries. They will then name them as defendants.
In New York and most other states there is an statute of limitations that specifies the deadline for filing an action. This is usually 30 months or 2 1/2 years following the malpractice.
During this period, your attorney will negotiate a settlement with your insurance company on behalf of you. If the insurance company is unwilling to pay a fair amount, your attorney will file a lawsuit in the appropriate court to have a judge and jury decide the matter. This is a lengthy process that should be handled by an experienced professional.
Medical Records
The birth of a child is one of the most exciting times in a person's lifetime however, it can turn into a nightmare if a medical error during labor and delivery results in an injury. Injuries can range from minor to serious, and they can have long-lasting consequences for a newborn's growth and quality of life. If you suspect that your child has suffered an injury related to birth due to medical negligence, you are able to file an action to recover compensation.
A medical malpractice claim requires the plaintiff to prove that a physician, nurse or other healthcare professional violated their duty of provide medical care. This means that the medical professional failed to act in accordance with the standards of their field and of the medical community depending on the level of education and expertise they have. Typically, it is required to involve experts who can help determine the proper standards of care in the case.
Medical malpractice insurers are well aware of how overwhelmed parents can feel following an injury to their child that is serious and have a team of attorneys who are on call 24/7 to block or limit payments on claims. Therefore, it is important to talk with an New York birth injury attorney as soon as you can. You can avoid missing important deadlines and compromising your chances of recovering maximum compensation by beginning the process as early as possible.
Insurance
Medical advances have made childbirth a relatively safer process, but it still poses risks. Medical professionals and doctors must exercise caution to avoid errors that could cause permanent harm for the mother as well as the baby. If they fail then, they could be held liable and have to pay for damages.
Birth injury lawyers can help parents get fair compensation for past and future medical expenses and also non-economic damages, such as suffering and pain. Their expertise can also be helpful during settlement negotiations with insurance companies and in avoiding the abrasive tactics used by insurers to limit payouts. If needed, an attorney can also present your case in court.
A lot of medical malpractice claims are settled out of court which is usually the case for birth injuries. A medical malpractice lawyer can construct a solid claim for compensation by looking over medical documents of the child and hiring medical experts.
A New York City birth injury lawyer can examine medical records and request reports, as well as diagnostic tests to evaluate the extent of the injuries and identify defendants. This could include the obstetrician and surgeons, nurses and doctors involved in the delivery or birth and the hospitals. In certain states, parents may apply for a state program that compensates children who suffer certain birth injuries, such as brain damage or paralysis.