birth injury law firm Injury Attorneys

An attorney for birth injuries can help you file a medical malpractice lawsuit against a negligent doctor, nurse or hospital. They will seek medical records to determine if there was malpractice, and consult with experts to examine the case.

Small medical mistakes during childbirth could lead to severe and preventable injuries which require years of treatment. Families may be compensated for the costs involved through a successful legal claim.

Proving Negligence

A birth injury lawyer can help you file legal claims, recover damages, hold accountable negligent healthcare professionals. This type of lawsuit falls under medical malpractice or personal injury law and requires a thorough investigation, expert testimony, and a trial. A successful birth injury lawsuit will include evidence that proves the defendant's duty of care, that they did not meet their duty, and that your child suffered harm as a result.

A knowledgeable and experienced lawyer can put together a strong case to prove negligence. They will demonstrate that the medical professional was not acting in accordance with the widely accepted practices in the community for professionals with their level of education and experience, and that his failure resulted in your child's injuries. Your lawyer can assist you locate a medical professional who can establish the proper standard of treatment.

Families who suffer a birth injury may be faced with a lot of financial and emotional strain. Medical costs and therapy for a child can drain savings of a family. A skilled birth injury lawyer can review your family’s finances and the needs of your family throughout your life to negotiate a settlement which will cover all of your expenses. They can also communicate with insurance companies and their lawyers to avoid settlements that are low. They can also request medical records on your behalf and ensure that these documents are not lost or changed.

Collecting evidence

Although advances in medicine have made childbirth a lot safer than it used to be, mothers and their babies are exposed to a degree of risk in each labor. New York law requires that doctors, as well as other medical professionals involved in the birth, take reasonable care to avoid making mistakes that could result in long-lasting effects or even permanent consequences. If they do not follow this, they could be held responsible for a lawsuit seeking financial compensation.

It is important to build a solid case. A good birth injury attorney will work with a team of experts who examine medical records, diagnoses, treatment, and other evidence to determine if doctors violated the standard of care in their profession. This is the foundation of an effective lawsuit.

If the doctor's actions caused the victim suffering a serious injury, we will seek damages for past and future medical costs, loss of income and emotional distress as well as other expenses. We will also seek compensation to pay for any additional expenses that you have incurred or may have to pay in the near future, for the care of your child. This includes therapy sessions and educational programs.

In the course of litigation it is not unusual for defendants or their insurance companies to try and shift blame or misrepresent minor facts. A knowledgeable attorney knows how to thwart these attempts and ensure that the verdict accurately reflects the responsibilities of the medical professional.

Preserving Evidence

The most important step in a medical malpractice case is gathering and preserving evidence. This includes eyewitness testimony, photographs, statements and expert testimony.

Your lawyer can assist you collect the evidence you require to prove negligence, and develop solid arguments for compensation. They can also save the evidence to be used in court and ensure that the case is legal requirements.

If medical professionals fail to follow the standard of care, patients are able to suffer devastating injuries and losses. Birth injury lawyers can assist you to hold medical workers accountable and get compensation for lifetime costs of care and income loss. They can also assist you with emotional distress and other damages.

After the initial meeting is over the lawyer will have a better idea of whether they think you have a reasonable chance of winning your lawsuit and will offer suggestions on how to proceed. Additionally, they will review your case and start the process of obtaining medical records and arranging for experts to offer their opinion on the claim.

Your lawyer will also handle all correspondence with insurers as well as manage the claims process so that you avoid missing crucial deadlines. They can also assist you in negotiating a fair settlement which will reflect your losses. They can also fend off insurers who try to entice you into accepting a low-ball offer. If a settlement can't be agreed upon, they may file a lawsuit to pressure the insurers.

Filing a Lawsuit

You could be able claim compensation for the lifetime expenses for your child's care and any losses. Unfortunately medical malpractice cases are complicated and time-consuming. A competent lawyer will handle contact with insurers and oversee your family's case in order to avoid costly delays.

Your lawyer will need to establish that your doctor owed you a duty of care, that he/she violated the duty, and that your child was injured as a result of the breach. It is essential to work with a group of medical experts in order to define the standard medical care and to determine how your doctor fell short of it.

In addition to doctors and nurses as well as midwives, they can also be defendants in birth injury lawsuits. While they may be licensed, trained professionals who can aid in normal pregnancies, New York law states that they must transfer care to obstetricians if complications occur during the course of a birth or when an assessment of risk indicates that the mother is at high danger.

A birth injury lawyer can help you make a case using evidence and also obtain expert testimony in support of your claim. The majority of birth injury lawyers are on a contingency basis. They advance all expenses that relate to your case, and only get paid when they receive compensation for you. The percentage of contingency fees typically ranges from 33% to 40 percent of the total settlement.