Birth Injury Attorneys

A birth injury lawyer can help you to file a claim for medical negligence against a negligent obstetrician or nurse, or hospital. They will ask for medical documents to determine if there was a malpractice, and then consult with experts to analyze the case.

Even minor medical mistakes during childbirth can result in serious and preventable injuries that need years of treatment. A successful legal case can pay families for these expenses.

Proving Negligence

A birth injury attorney can help you file an official claim, collect damages, and hold the negligent healthcare professionals accountable. This kind of lawsuit is a part of the personal injury or medical negligence law and requires an extensive investigation and expert witness testimony and a trial in a court. A successful birth injury lawsuit will include evidence establishing the defendants' obligation to take care of their child, and that they did not meet their duty, and that your child suffered harm as a result.

A skilled and experienced lawyer can construct a solid case to prove negligence by proving that the medical professional failed to act in accordance with generally accepted practices in the community for professionals of their training and experience and that this lapse caused the injury to your child. Your lawyer can assist you locate a medical professional who can establish a standard of care.

Families that suffer a birth injury may be faced with a lot of financial and emotional stress. Therapy and medical expenses for children can drain a family’s savings. An experienced birth injury lawyer will review your family's finances and health needs throughout your life to negotiate a settlement that covers all your expenses. They can also manage communications with insurers and their lawyers on your behalf, ensuring you don't receive lowball settlement offers. They can also request medical records on your behalf, and ensure that the records are not lost or changed.

Collecting evidence

While medical advances have made childbirth safer than it was previously mothers and their children are at risk to a certain amount of risk each time they give birth. New York law requires that doctors, including obstetricians and other medical professionals attending the birth, take reasonable care in order to avoid making mistakes that could result in long-lasting effects or even permanent effects. When they fail to adhere to this they could be held accountable for a lawsuit arising from a birth injury seeking financial compensation.

It is crucial to construct a solid case. A good birth injury lawyer will work with a team of experts to look over medical records, diagnoses, treatment, and other evidence in order to determine if the doctors violated their profession's standard of care. This is the most important aspect to the success of a lawsuit.

If the actions of a doctor caused an injury that was serious and/or death, we will seek compensation for future and past medical expenses, loss of income and emotional distress, as well as other losses. We will also seek compensation for any additional expenses you've incurred or incur to care for your child as they grow up including therapy sessions and special education.

In the course of litigation there is a tendency for the defendants or their insurance companies to attempt to blame others or to misrepresent small details. A knowledgeable attorney knows how to defy these attempts to ensure that the final verdict accurately reflects the responsibilities of the medical provider.

Preserving Evidence

The most important step in an investigation into medical malpractice is preserving evidence. This includes eyewitness statements, photographs statements and expert testimony.

Your lawyer can assist you gather the evidence you need to prove negligence, and develop a strong case for compensation. They can also preserve evidence to be used in court and ensure that the case meets legal standards.

When medical professionals fail in their duty of care, patients could suffer severe injuries and losses. Birth injury lawyers can assist you to in bringing medical professionals to account and seek compensation for life-long medical expenses and income loss. They can also help you with emotional distress and other damages.

Once the initial meeting is finished the lawyer will have a better sense of whether they believe you have a good chance of winning your lawsuit. They can make recommendations for how to proceed. They can also look over your case, and start the process of obtaining records from the medical field, and arranging for expert opinions to be given.

Your lawyer will manage all correspondence with insurers and oversee the claims process to avoid missing critical deadlines. They can also assist in making a fair settlement that reflects your damages. They are also able to fight against insurers who attempt to force you to accept lowball offers. If a settlement is not reached, they can bring a lawsuit to put pressure on the insurers.

Filing a Lawsuit

You could be able recover compensation for the lifetime costs for the care of your child and any losses. Unfortunately medical malpractice claims can be complex and time-consuming. A competent lawyer will handle communications with insurers and handle your family's legal case to avoid costly delays.

Your lawyer will have to demonstrate that the doctor acted in breach of obligations of care and that your child was harmed because of it. This requires working with a team of medical experts to determine the standards of care and how your doctor fell short of the standard.

In addition to nurses and doctors as well as midwives, they can also be defendants in birth injury lawsuits. While they may be licensed, trained professionals who are able to assist in normal pregnancy, New York law states that they must transfer care to obstetricians if complications occur during a delivery or if a risk assessment indicates the mother is at high threat.

A birth injury lawyer can help you build a case on the basis of evidence and also obtain expert testimony to support your claim. Most birth injury attorneys operate on a contingency fee basis. This means that they advance all costs associated with your case, and only pay when they are able to achieve compensation for you. A contingency fee percentage generally ranges between 33%-40% of the total settlement.