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Birth Injury Attorneys A birth injury attorney can help you file a medical malpractice lawsuit against a negligent obstetrician nurse or hospital They will seek medical records to determine if there was malpractice and then speak with experts to analyze the case Minor medical errors during childbirth can result in severe and preventable injuries that require a long period of therapy A successful legal case can help families pay for these costs Proving Negligence A birth injury lawyer can help you bring legal claims obtain damages hold medical professionals who are negligent accountable This type of lawsuit is governed by medical malpractice or personal injury law and requires a thorough investigation expert testimony and a trial Evidence will be required to establish that the defendants acted in breach of their duty of care and caused harm to your child A skilled and experienced lawyer can create a strong case to establish negligence by concluding that the medical professional failed to act in accordance with generally accepted practices in the community for professionals with their level of education and experience and that this lapse resulted in your childs injuries Your attorney can help locate a medical professional who can establish the proper standard of care Families who suffer a birth injury can face tremendous emotional and financial strain Therapy and medical expenses for children can drain families savings An experienced lawyer for birth injuries will review your familys finances and the needs of your family for the rest of your life to negotiate a settlement which will cover all expenses They can also work with insurance companies and their lawyers to avoid settlements that are too low They can also request medical records and ensure they are not lost or altered Collecting Evidence While advances in medicine have made childbirth much safer than it was previously mothers and their children are at risk to a certain amount of risk during each labor New York law requires that doctors including obstetricians and other medical professionals who assist with the birth take reasonable care in order to avoid making mistakes that could cause longlasting harm or even permanent consequences When they fail to do so and fail to do so they could be held responsible for a lawsuit arising from a birth injury seeking financial compensation Making a convincing argument is essential A reputable birth injury lawyer will work with a team of experts to examine medical records diagnosis treatment and other evidence in order to determine if doctors have violated the standards of their profession care This is the key to the success of a lawsuit If the doctors actions led to a serious injury to your child we will pursue damages for your childs past and future medical expenses income loss emotional distress and other losses We will also seek compensation to pay for any additional expenses that youve incurred or are likely to have to pay in the near future in the course of caring for your child This includes therapy sessions and other educational programs During the trial it is not unusual for the defendants or their insurance companies to try and shift blame or misrepresent small details birth injury lawsuit santa rosa will know how to thwart these attempts and ensure that the final verdict accurately reflects the responsibilities of the medical provider Preserving Evidence The most crucial step in an investigation into medical malpractice is gathering and preserving evidence This includes photographs eyewitness statements and expert testimony Your lawyer can help collect the evidence you require to prove your negligence and construct solid arguments for compensation They can also save evidence to be used in court and ensure that the case is in compliance with legal requirements When medical professionals fail in their duty of care patients may be harmed and suffer losses Birth injury lawyers can help you make medical professionals accountable and seek compensation for lifelong medical expenses and income loss They can also assist you with emotional distress and other damages After the initial consultation after which the attorney will provide you an idea of your chances of winning the lawsuit and provide recommendations about the best way to proceed Additionally they will review your case and start the process of collecting medical records and arranging for experts to provide their opinion on the claim Your lawyer will handle all correspondence with insurers and oversee the claims process to avoid missing crucial deadlines They can also help you in reaching a fair settlement that reflects your damages They can also fend off insurers who try to entice you into accepting lowball deals If a settlement cant be reached they may sue to pressure insurers Filing a Lawsuit You could be able to get compensation for the lifelong expenses of caring for your child and any losses Medical malpractice claims can be a bit complicated and timeconsuming A competent lawyer will handle your case and communicate with the insurance companies to delay delays Your lawyer will need to show that your doctor was obligated to you by a duty of care that he or she breached the duty and that your child suffered harm as a result of the breach This requires working with an expert team of medical professionals to determine the standards of care and how your doctor was not up to this standard In addition to nurses and doctors and midwives can be defendants in birth injury lawsuits Some midwives have been certified and licensed professionals who can assist with normal pregnancy However New York law requires that they provide care to an obstetrician when complications occur during delivery or when a risk assessment shows that the mother is at a high risk A birth injury lawyer can help you make a case using evidence and obtain expert testimony in support of your claim The majority of birth injury lawyers operate on a contingency fee basis This means that they finance all costs associated with your case and only receive payment when they are able to obtain compensation for you A contingency fee percentage usually ranges from 33 to 40 percent of the settlement