Birth Injury Law Firm will offer a free case evaluation and work on a contingency fee basis, which means that they don’t charge legal fees unless you win your lawsuit. They will collect medical records, interview witnesses, and investigate the circumstances surrounding your child’s condition.
They will engage expert witness testimony and develop a formal opinion on whether malpractice occurred. This will allow them to file the actual birth injury lawsuit against the medical professionals involved.
When medical negligence causes birth injuries, a family’s life is forever changed. Injuries that result from doctor error can leave them with costly expenses and an overwhelming amount of work, including caring for a disabled child. A New York birth injury attorney who specializes in these cases can help. They can advise you of your legal rights and options, explain the medical malpractice laws in your state, and ensure that your lawsuit is filed within the required statute of limitations.
A birth injury lawyer can provide a free consultation to review your case and explain the potential for success in bringing a claim against a healthcare professional. They will also describe your legal options for filing a birth injury lawsuit and the timelines that apply.
If your lawyer determines that a birth injury case has merit, they will conduct an investigation into the medical providers who were involved in your child’s delivery. This involves obtaining and reviewing medical records, witness testimonies, and evaluating the evidence in light of the applicable standards of care. They may consult with medical experts to ascertain whether a healthcare provider breached their duty of care, and they will identify all liable parties.
They will then file a claim with the medical professionals’ malpractice insurers. They will negotiate with the insurance companies in their efforts to recover a fair settlement for your family. If a settlement cannot be reached, your attorney will prepare to take the case to trial. They will build a strong case for their clients, presenting a clear argument to a jury that the medical providers were responsible for your child’s injury.
The money awarded by a successful birth injury lawsuit can cover medical costs and other expenses related to your child’s permanent disabilities. It can also compensate you for your losses, including lost income and pain and suffering. A skilled birth injury attorney will work diligently to build a strong case that meets all of the legal requirements for a successful claim. They will ensure that all damages are documented and accurately reflect your family’s losses.
Investigation
When a doctor commits medical malpractice during labor and delivery, it can lead to birth injuries that are devastating to children and their families. These injuries may cause health problems that last a lifetime or cut short a young life. They also require expensive and long-term medical care, rehabilitation, and support. A New York birth injury attorney can help families recover the financial compensation they need to address their losses.
The lawyer will conduct a thorough investigation of your case. This includes reviewing medical records and seeking expert opinions from specialists. He or she will look for specific actions that the doctor took during the delivery that were not consistent with medical practice and determine if these actions caused the child’s injuries. For example, if an inexperienced doctor forces a baby out when its shoulder gets jammed in the mother’s pelvis, it could cause a brachial plexus injury. The lawyer will also investigate the post-birth treatment of the mother and baby. This includes any rehabilitative care or hospital stays that were necessary after the delivery.
In addition, the lawyer will analyze who can be held liable for your claim. This will include the doctors who performed the delivery and their malpractice insurance companies. A lawyer who has experience handling birth injury cases will be familiar with the laws, recent court decisions, and civil procedures related to such claims.
He or she will prepare a demand letter for the doctors and the hospital, file an insurance claim with the hospitals and medical providers’ malpractice insurers, and respond to any claim denials. If the insurance companies fail to offer a fair settlement, the attorney will file a lawsuit in New York and present your case to a jury.
Insurers know that families need money quickly after a birth injury. This is why they often pressure people into settling for less than their case is worth. A birth injury attorney can keep the insurance company on their toes, negotiate a reasonable settlement, and ensure that any settlement you receive fairly addresses your losses. Moreover, an experienced birth injury attorney will know when to go to trial and how to win in the courtroom.
Litigation
While most parents hope for a safe delivery and healthy newborn, medical negligence during childbirth can have devastating consequences. When a medical error causes a birth injury, it can impact the mother and child in multiple ways including permanent brain damage, nerve damage, and chronic health problems.
A qualified birth injury attorney can help families recover fair compensation from the doctors and hospitals that caused their child’s injuries. They can file the necessary documents, build a strong case against the doctor or hospital, and pursue legal action through trial if necessary.
A lawyer can also help families negotiate a fair settlement with insurance companies. They can take over communications with insurers, retrieve medical records, and secure expert testimony on behalf of their client. This can free up a family’s time to focus on the needs of their injured child.
In a birth injury lawsuit, the plaintiff must establish that a healthcare professional owed them and their baby a duty of care. This involves demonstrating that the healthcare professional did not act in accordance with this duty, given the circumstances of the case. An attorney can review medical records and consult with experts to determine whether the doctor’s actions amounted to malpractice.
Once the lawyer has sufficient evidence to support a malpractice claim they can write a letter to the medical providers, and their malpractice insurers, indicating that they intend to sue for medical malpractice. The medical professionals will then have the opportunity to respond before a legal filing.
Many birth injury cases settle out of court. A settlement amount typically takes into account the severity of your child’s injury, anticipated lifetime treatment costs, and other damages such as lost income and emotional distress. An experienced birth injury attorney knows how to negotiate with insurance companies and can resist their pressure tactics to minimize settlements.
When choosing a birth injury attorney, ask about their experience handling similar cases. While they may not be able to share details about specific clients due to confidentiality provisions, they can usually provide information about the size of settlements or verdicts won in past cases. They should also discuss their firm’s resources and how they would fund a birth injury lawsuit if needed to go through trial. For example, most law firms advance all litigation expenses and only get paid if they win money for their clients.
Settlement
When a birth injury occurs, it can change your child’s future in an instant and put a tremendous strain on your finances. A successful lawsuit against the medical professional responsible for the injury can recover compensation to pay for future treatment, caretaking expenses and more.
Your lawyer can assist you with every step of your claim, from preparing the necessary paperwork to filing your lawsuit. The legal process of filing a lawsuit can be complex, and it is important that your attorney has the experience and resources to handle this task properly.
Medical malpractice claims require proof that a medical professional breached their duty of care and this negligence caused your child’s injury. Your birth injury attorney can help you gather the evidence you need to prove this breach, such as medical records and witness testimony.
If you have evidence that a medical professional acted negligently, your attorney can negotiate with the hospital or doctor’s insurance company to settle your case. However, if the insurer refuses to offer a fair settlement, your attorney can file a lawsuit in court. The lawsuit will allow a jury to decide the amount of damages you are entitled to receive.
It is important to note that there are time restrictions, known as a statute of limitations, in which you must file your lawsuit. These deadlines vary from state to state. Your birth injury attorney can advise you of the specific statute of limitations in your jurisdiction.
Your attorney will take care of all of the legal tasks associated with your case and ensure that all necessary steps are taken to secure a maximum recovery. This will include calculating your damages, such as lifetime care costs and noneconomic losses like pain and suffering. They will also identify all parties that could potentially be liable for your child’s injuries and their financial impact on you and your family. This may include doctors, hospitals and other healthcare providers. In addition, your lawyer can advise you of any additional compensation that you may be entitled to, such as past and future lost income.