Birth Injury Attorneys The advancements in medicine have made childbirth more safe, but it is not without risk. Even the smallest of mistakes in medicine can have long-lasting consequences for both the mother and baby. A birth injury lawyer can help you recover damages for your losses. These could include future and past medical expenses, ongoing therapy costs and other monetary damages. Medical Malpractice A birth injury could have devastating consequences that last for a lifetime. A successful lawsuit can help parents obtain justice and obtain compensation for the future treatment of their child if an error in medical care caused the injury. The first step to pursue the medical malpractice claim is to locate a seasoned lawyer. A good birth trauma attorney will work with medical experts and review documents to determine if there is any possibility of malpractice. They will also discuss the case with you in detail and answer any questions you have. Medical negligence claims often require a lot of work and difficult witnesses. Hospitals, doctors and insurance companies all have teams of lawyers on their side who are trained to deny or reduce the amount paid. It is crucial to find an attorney that can combat these powerful opponents. There are four elements of a medical negligence claim: duty, breach of duty, causation, and damages. A birth injury lawyer who has experience can assist you with gathering evidence and create strong legal arguments to defend each of these elements. In a birth injury case the obligation is to prove that your doctor had an established professional relationship with you. This can be done using medical records or hospital invoices. It is then necessary to establish that the doctor had the duty to perform his duties with reasonable skill and care that would be expected from another medical provider in the same situation. Birth Injury A birth injury attorney could assist a family with filing an action for medical negligence against the hospital or doctor that acted in negligence during labor and birth. A successful legal case could result in financial compensation that can help a family pay for their child's present and future medical expenses, lost wages and emotional trauma. A skilled birth injury lawyer will be able review the medical documents of your child, pinpoint any negligence-related issues, and hire experts to look into the case. These experts are often other OB/GYN specialists who can give their opinion as to whether malpractice was involved. Once the experts have reviewed your case your lawyer will be capable of determining who was accountable for the injuries and name them as defendants in the lawsuit. In the majority of 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 incident. During this time your attorney will work with your insurance company to negotiate an agreement on your behalf. If the insurance company refuses to pay a fair amount, your lawyer will file a lawsuit with the appropriate court to make a jury and a judge decide the matter. This is a complex procedure that should be handled by a professional. Medical Records The birth of a baby is among the most exciting events in the life of a person however, it can also become a nightmare if an error by a doctor during labor and birth causes an injury. Minor to severe injuries could have a long-lasting impact on the quality of life and development of a baby. If you suspect that your child was injured during birth due to medical negligence, you may claim compensation. A medical malpractice claim demands that the plaintiff prove that a doctor or nurse breached their duty of care. The medical professional has not acted according to the standards of the profession and the rest, is based on their level of education and expertise. In most instances, it is required to engage experts who are able to determine the proper standard in the case. Medical malpractice insurers know the utter devastation parents feel after an accident that has left them devastated, and they have lawyers on their teams who work full-time to stop or reduce payments on claims. It is essential to speak with a New York birth injuries attorney immediately. By beginning the process in the early stages, you will not run the possibility of not meeting crucial deadlines and thereby reducing your chances of obtaining maximum compensation. Insurance Medical advances have made childbirth relatively safer, but there are still risks. Doctors and other medical professionals should be careful to avoid making mistakes which could have lasting consequences for the mother and baby. If they do not take care, they could be held accountable and required to pay for damages. Birth injury lawyers can assist parents obtain fair compensation for past, future and non-economic damages such as pain and suffering. Their experience can be helpful during insurance settlement negotiations, and can help avoid the aggressive strategies that malpractice insurers employ to cut payouts. Lawyers can also take the case to trial, in the event of a need. Many medical malpractice cases are settled out of court and this is especially the case with birth injuries. A medical malpractice lawyer can construct a solid claim for compensation by reviewing medical records of the child, and hiring medical experts. An experienced New York City birth injury law firm can review the medical records and request diagnostic and reports that assess the severity of the injuries as well as identify the defendants. This could include the obstetrician and surgeons, nurses and doctors involved in the delivery or birth as well as the hospitals. In certain states, families can apply for a state-sponsored program that provides a guarantee for children who suffer from certain birth injuries, for example brain damage and paralysis.