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Birth Injury Attorneys

A birth injury attorney can assist you in filing an action for medical malpractice against a negligent doctor, nurse or hospital. They will seek medical records to determine whether there was malpractice, and consult with experts to review the case.

Even minor medical mistakes made during childbirth can result in serious and preventable injuries that require years of treatment. A successful legal claim can help families pay for these costs.

Proving Negligence

An attorney for birth injuries can assist you in filing a legal claim, obtain damages, and hold the negligent medical professionals accountable. This type of lawsuit falls under medical malpractice or personal injury law and requires a thorough investigation, expert testimony and the possibility of a trial. Evidence will be needed to prove that the defendants breached their duty of care and caused harm to your child.

An experienced and qualified lawyer can create a strong case to prove negligence proving that the medical professional did not act in accordance with generally accepted practices in the community for professionals with their training and experience and that this negligence caused your child's injuries. Your lawyer can assist you locate a medical professional who can establish the proper standard of treatment.

Families that suffer an injury during birth can be undergoing a lot of financial and emotional stress. The cost of medical treatment and therapy for a child can drain a family’s savings. A skilled birth injury lawyer will review your family's finances and the needs of your family throughout your life and negotiate a settlement which will cover all your expenses. They can also manage communications with insurance companies and their lawyers on your behalf to avoid lowball settlement offers. They can also request medical records on your behalf and ensure that the records are not lost or changed.

Collecting Evidence

Although advances in medicine have made childbirth a lot safer than it was previously mothers and their infants are exposed to a level of risk during each labor. New York law requires that doctors, including obstetricians and other medical professionals who attend the birth, exercise reasonable care to avoid errors which could have long-lasting consequences or even permanent consequences. When they fail to adhere to this they could be liable for a birth injury lawsuit seeking financial compensation.

It is important to build a solid case. A good birth injury attorney will work with a team experts who will review medical records, diagnoses and treatment, as well as other evidence to determine whether the doctors violated the standard of care within their field. This is the foundation of the success of a lawsuit.

If the doctor's actions caused a serious injury, we will seek damages for past and future medical costs, loss of income and emotional distress, in addition to other expenses. We will also seek compensation to cover any additional expenses that you've incurred or may be able to incur in the future in the course of caring for your child. This includes therapy sessions as well as special educational programs.

During the litigation, it is not uncommon for defendants or their insurance companies to try to blame others or to misrepresent important facts. A knowledgeable attorney will know how to counter these attempts to ensure that the final verdict accurately represents the responsibility of the medical professional.

Preservation of Evidence

The most important thing to do in a lawsuit involving medical malpractice is to collect and save evidence. This includes eyewitness testimony, photographs and expert witness testimony.

Your lawyer can help you gather the evidence you need to prove negligence and create an argument for compensation. They can also save evidence for trial and make sure that the case meets legal standards.

When medical professionals fail follow the standard of care, patients are able to suffer catastrophic injuries and losses. Birth injury lawyers can help you hold at-fault medical workers accountable and seek compensation that pays for lifetime medical expenses and lost income, emotional stress, and more.

After the initial meeting after which the attorney will provide you a better idea of the likelihood of winning the lawsuit, and offer suggestions for the best way to proceed. They can also review your case and begin the process of collecting records from the medical field, and soliciting experts to provide their opinions.

Your lawyer will also handle all correspondence with insurers and manage the claims process to avoid missing crucial deadlines. They can also aid you in finding a fair settlement that reflects your damages. They can also take on against insurers who try to pressure you into accepting low-ball settlements. If a settlement cannot be reached, they can bring a lawsuit to put the pressure back on the insurers.

Filing a Lawsuit

You could be able to claim compensation for the lifetime care costs of your child and any losses. Unfortunately medical malpractice lawsuits are complicated and time consuming. A good lawyer will take over communication with insurers and manage your family's legal case to avoid costly delays.

Your lawyer must establish that your doctor owed you a duty of care, that he or her breached this duty, and that your child suffered harm as a result of the breach. It is essential to work with a group of medical experts in order to define the standard treatment and the ways in which 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. Some midwives are licensed and trained professionals who can assist with normal pregnancies. However, New York law requires that they refer care to an obstetrician whenever complications arise during delivery or if the risk assessment indicates that the mother is at a high risk.

A birth injury attorney can help you create an evidence-based argument and secure expert testimony to support your claim. Most birth injury law firm injury attorneys are on a contingency basis. This means that they advance the entire cost of your case and only get paid only if they can achieve compensation for you. A contingency fee percentage usually is between 33% and 40 percent of the total settlement.