Birth Injury Attorneys

A coleman birth injury law firm injury lawyer can assist you to file a claim for medical malpractice against a negligent obstetrician or nurse, or hospital. They will request medical documents to determine if there was malpractice and then talk to experts to analyze the case.

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

Proving Negligence

An attorney for birth injuries can assist you in filing a legal claim, obtain damages, and hold negligent healthcare professionals accountable. This type of lawsuit falls under the personal injury or medical negligence law and requires a thorough investigation and expert witness testimony and a trial in a court. A successful birth injury lawsuit will include evidence establishing the defendant's duty of care, that they violated their duty of care, and that your child suffered harm as a result.

A qualified and experienced lawyer can create a compelling case to prove negligence. They will demonstrate that the medical professional was not acting in accordance with the generally accepted practices in the community for professionals who have their level of education and experience and that his inaction caused the injuries to your child. It may be necessary to seek the opinion of a medical professional to determine the standards of medical care, and your attorney can locate these experts for you.

Families who suffer injuries at birth could be under a great financial and emotional stress. Medical costs and therapy for a child can drain a family’s savings. An experienced birth injury attorney can evaluate your family's finances and lifetime care needs to negotiate a settlement that fully covers your expenses. They can also communicate with insurance companies and their lawyers to avoid lowball settlements. They can also request medical records and ensure that they aren't lost or changed.

Collecting Evidence

Although advances in childbirth have made it more secure than ever before, both mothers and babies are still in danger during each labor. New York law requires obstetricians and other medical professionals who attend the birth to act with reasonable care and avoid mistakes that could lead to long-lasting, or even permanent implications. If they do not follow through and fail to do so, they could be held responsible for a birth injury lawsuit seeking financial compensation.

Developing a strong case is critical. A good birth injury lawyer will work with a team of experts who look over medical records, diagnoses and treatment, as well as other evidence to determine if the doctors violated the standards of care in their profession. This is the most important aspect to an effective lawsuit.

If the actions of a doctor caused an injury of a serious nature and/or death, we will seek compensation for past and future medical expenses, loss income and emotional distress, in addition to other expenses. We will also seek compensation to pay for any additional expenses you've had to pay, or will be able to incur in the future for the care of your child. This includes therapy sessions and educational programs.

During the process of litigation it is not uncommon for defendants and their insurance companies to try to shift blame and/or omit small details. A knowledgeable attorney knows how to thwart these attempts and ensure that the final verdict accurately reflects the responsibilities of the medical professional.

Conserving Evidence

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

Your lawyer can assist you in obtaining the evidence needed to prove negligence and help you build a strong case against compensation. They can also save evidence for trial 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 to hold at-fault medical professionals responsible and get compensation for lifelong care costs as well as emotional stress, and more.

After the initial consultation, the attorney can give you an idea of the likelihood of winning the lawsuit, and offer suggestions for the best way to proceed. They can also look over your case, and start the process of collecting records from the medical field and arranging for expert opinions to be offered.

Your lawyer will also handle the claims process and manage all communication with insurance companies to ensure that you don't risk not meeting important deadlines. They can also assist you to negotiate an appropriate settlement that represents your losses. They can also defend against insurers that try to pressure you into accepting low-ball settlements. If a settlement cannot be reached, they can sue to pressure insurers.

Filing a Lawsuit

The legal action you take against the medical professional who caused the injury of your child could help you obtain compensation to cover life-long care costs and losses. Unfortunately, medical malpractice claims are complicated and time consuming. A competent lawyer will take over communications with insurers and handle your family's case in order to avoid costly delays.

Your lawyer will have to prove that the doctor breached the duty of care and that your child suffered harm because of it. It is necessary to work with a group of medical experts in order to define the standard medical care and to determine how your doctor did not meet it.

Midwives may be sued in addition to doctors, nurses and other defendants. Some midwives have been certified and licensed professionals who can assist with normal pregnancies. However, New York law requires that they refer care to an obstetrician in the event of complications occur during delivery or if the risk assessment indicates that the mother is at a high point birth injury lawsuit risk.

Employing a lawyer for birth injuries can assist you in constructing an evidence-based case and secure expert witness testimony to support your claim. Most birth injury lawyers work on the basis of a contingent fee. They finance all costs related to your case and only pay when they get compensation for you. A contingency fee percentage ranges between 33% and 40% of the total settlement.