Birth Injury Attorneys Although medical advances have made birthing a safer procedure, it is not without risks. Even small medical errors can have lasting consequences for both the baby and mother. A birth injury lawyer can help you recover damages. This can include future and past medical expenses in addition to ongoing therapy costs and other monetary damages. Medical Malpractice A birth injury could have devastating effects that last for a lifetime. A successful lawsuit can help parents obtain justice and recover compensation for the future treatment of their child if a medical mistake caused the injury. The first step to pursue the medical malpractice claim is to locate an experienced lawyer. A skilled birth trauma lawyer will collaborate with medical professionals and examine documents to find out if there was any malpractice. They will also answer all your questions and discuss the case in depth with you. Medical negligence claims often have complicated issues and difficult witnesses. Teams of lawyers are on the side of hospitals, doctors and insurance companies, who are trained to cut or eliminate payments. It is crucial to find a lawyer who is able to stand up against these powerful opponents. A medical malpractice case has four parts: duty, breach, causation and damages. An experienced lawyer for birth injuries will work with you to gather evidence and construct strong legal arguments in support of each of these elements. In a birth injury case, the legal requirement is to prove that your doctor had an official relationship with you. This can be accomplished by using medical documents or hospital invoices. It is then important to prove that the doctor owed you a duty to act with reasonable skill and care that would be expected from another medical provider in the same situation. Birth Injury A birth injury lawyer can assist families file a medical negligence lawsuit against a doctor or hospital who was negligent during labor and delivery. A successful legal action may result in financial compensation that can help families pay for their child's present and future medical expenses, lost wages and emotional trauma. A skilled attorney for birth injuries will be able to look over the medical documents of your child, pinpoint any possible acts of negligence and then hire experts to investigate the case. These experts are typically other doctors in the field of OB/GYN who are able to give their opinion on whether malpractice took place. After the experts have looked over your case, your lawyer will be able to determine who was responsible for the injuries and name them as defendants in the lawsuit. In New York and most other states there is a statute of limitation that sets the deadline for filing an action. It usually lasts 30 months or 2 1/2 years after the incident. During this period your attorney will negotiate an agreement with your insurance company on your behalf. Your attorney will file a lawsuit in the appropriate court if the insurance company refuses a reasonable amount. A judge and jury will then decide on the issue. This is a difficult procedure that should be handled by an experienced professional. Medical Records The birth of a child is one of the most exciting moments in a person's lifetime however, it can also turn into an incredible nightmare if a medical error during labor and delivery causes an injury. Minor or severe injuries can be long-lasting and affect the quality of life and development of a baby. If you think that your child suffered an injury during birth due to medical malpractice, you can file a claim to recover the compensation you owe for past and future damages. A medical malpractice claim requires the plaintiff to prove that a doctor or nurse breached their duty of care. This means that the medical professional did not conform to the standards of their field and of the medical community, based on the level of training and knowledge that they possess. In most cases, it is necessary to hire experts who are able to determine the proper level of care in the situation. Medical malpractice insurers know how distraught parents are after an accident that has left them devastated, and they have attorneys on staff who do their best to deny or reduce the amount on claims. As such, it is vital to consult a New York birth injury attorney as soon as possible. You can avoid missing important deadlines and reduce your chances of getting maximum compensation by beginning the process as soon as possible. Insurance The advancements in medicine have made childbirth a safe process, but it still poses risks. Doctors and other medical professionals must be cautious to avoid making mistakes that could cause permanent harm for the mother as well as the baby. If they do not then, they could be held accountable and may have to pay for damages. Birth injury lawyers can assist parents receive fair compensation for past, future and non-economic losses like pain and suffering. Their experience also helps during settlement negotiations with insurance companies and in avoiding the aggressive tactics used by insurers to reduce payouts. If needed, an attorney can also make your case go to the court. Many medical malpractice cases are settled out of court and this is typically true for birth injury cases. 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 can examine 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 may apply for a state-sponsored program that will provide an indemnity for children who suffer certain birth injuries, for example brain damage and paralysis.