A successful claim can compensate families for their child’s current and future medical expenses, losses from lost income, loss of consortium, and a diminished quality of life. However, winning a settlement or verdict can be difficult for many reasons.

Birth Injury Attorney investigates your case to determine if a medical professional’s negligence or wrongful action caused your child’s injuries. They gather evidence and prepare to file a lawsuit.

A birth injury lawyer can help parents get compensation for their family’s past and future medical expenses, disability costs, and more. These are damages that can cover the cost of a child’s care and rehabilitation needs that may be caused by a preventable mistake made by a medical professional during pregnancy, labor, or delivery.

When selecting a lawyer, consider how well they will represent you in your case. Look for an attorney with experience handling similar cases and a proven track record of success. It would help if you also inquired about their fees and pricing structure. A good attorney will be transparent and straightforward about their charges. This can ensure that you choose an affordable attorney for your case.

One of the best ways to find an ideal birth injury attorney is by asking for referrals from friends, relatives, and colleagues. This can save you time and effort as you will not have to sift through unlimited options. You should also ask for details about the lawyers’ work on previous cases so that you can make an informed decision.

The attorney you choose should have extensive knowledge of medical malpractice and birth injury law. They should be familiar with the complexities of these types of cases and the variations in legal processes at the federal, state, and local levels. You should also check whether they have been recognized with notable achievements and accolades.

A quality lawyer will help you build a strong case by establishing that the medical professional owed a duty of care to you and your child. They can then prove that the medical professional breached this duty of care by not delivering quality service in line with the medical standard.

Once you have established that there has been medical negligence, the attorney will file a Notice of Claim with the relevant New York court. The next phase is discovery, where both parties will exchange information and evidence. The attorney will prepare a settlement proposal that is based on the facts and circumstances of your case. The lawyer will also negotiate with the insurance company on your behalf.

Gather Evidence

Building a viable medical malpractice claim requires time, resources, and lots of evidence. Gathering this evidence can be challenging, especially if the medical professional involved in your case has already tried to destroy or hide important evidence. An experienced birth injury attorney can help ensure that all relevant evidence is collected, preserved, and protected.

The most important piece of evidence in a birth injury case is the medical records related to your pregnancy and labor and delivery. Your medical records will show what care you received from the healthcare providers that treated you and your baby. This evidence can be used to establish the medical standard of care for a given situation. It will also show how the defendant’s actions or failure to act breached this standard and caused your child’s injuries.

In addition to your own medical records, you may also need expert testimony in your case. An expert witness is a healthcare professional with specialized knowledge in obstetrics or gynecology who can review your medical records and provide an opinion on whether the doctor violated the standard of care.

Photographs, videos, and other physical evidence can be useful as well. These can help show any visible signs of injury, including cuts, bruises, or other abnormalities. Other forms of physical evidence include x-rays, CT scans, and MRIs. These are often necessary to show the extent of a birth injury.

To be awarded a financial award in a birth injury lawsuit, you must demonstrate that your child has suffered damages. These damages can be physical, emotional, or financial. They can cover expenses such as the cost of ongoing care, loss of income if your child can no longer work, and pain and suffering.

Your birth injury lawyer can help you gather all of the evidence you need to prove medical malpractice and get the compensation your family deserves. They will also be aware of any deadlines that you might have to meet to file your lawsuit before it is too late. This is crucial because once the statute of limitations runs out, you will no longer be able to take legal action.

Negotiate with Insurers

Getting financial compensation can help your family cope with medical expenses, therapies, equipment, home accommodations, and more. Although money can’t undo the harm caused by a medical mistake, it can alleviate some of the stress and hardship your family endures. A successful lawsuit can also motivate health care providers to improve their safety training and practices to prevent similar injuries.

A lawyer who specializes in birth injury cases has the experience and resources to help you get the most out of your claim. They can gather the evidence you need, file the necessary paperwork, and negotiate with insurance companies on your behalf. This allows you to focus on your child and the other life changes that come with a birth injury.

Injuries like cerebral palsy have long-term consequences that impact the whole family. You may need to hire a live-in care provider, modify your house or car, and make other expensive adjustments. A lawyer who understands the long-term costs of a birth injury can get you full compensation for all your damages.

Often doctors and hospitals carry malpractice insurance that covers claims for negligence during a delivery. Your attorney can use their professional relationships and resources to investigate the case and gather documents and proof of negligence. They can also secure the opinions of medical experts to build a strong case.

Many insurers try to stall the process by delaying negotiations and putting pressure on families to settle. An experienced lawyer knows how to negotiate with these powerful entities and can make sure your settlement offers fairly reflect the full extent of your child’s injuries.

Medical malpractice during a childbirth can cause devastating injuries to newborns and their parents. The financial and physical toll of a birth injury can be immense, and the suffering endured by your child and your family can be unbearable. The Syracuse birth injury attorneys at our firm have obtained millions of dollars in compensation for families whose children suffered medical mistakes during childbirth, including multimillion-dollar settlements negotiated with malpractice insurers and verdicts won at trial. Call us now to discuss your case.

File a Lawsuit

The doctor or hospital involved in your child’s birth injury may have professional liability insurance, which can be used to cover your family’s losses. A lawyer can help you file a lawsuit and gather the evidence needed to prove medical malpractice occurred. This process can be complex, but a lawyer with experience in these cases has the knowledge and resources to win for your family.

A successful claim can help your family recover the financial compensation you need to pay for your child’s future care needs. These can include current and future medical expenses, therapies, equipment, home modifications, and the cost of a lifetime of special education and support services. Additionally, a successful claim can also include damages for your child’s pain and suffering and your own emotional trauma.

Your attorney will gather the necessary evidence, including medical bills and test results, to build a strong case for your family. They will then consult with medical experts to get their opinions on whether the health care professionals involved in your child’s birth were negligent or fell below the standard of care. They will use this evidence to make a case for negligence and will then fight to get your family the maximum payout possible.

Once your lawyer has gathered all the necessary information, they will file a lawsuit against the doctor or hospital responsible for your child’s birth injury. Your lawyer will become the plaintiff in the suit, and the doctor and hospital will become the defendants.

It is important to hire an experienced birth injury attorney as soon as you can after your child’s birth accident. They will be able to take over the communication with insurers and defense lawyers for your family, and ensure all the relevant deadlines are met. This allows you to focus your attention on caring for your injured child and preparing for the future. Your attorney can help you secure the financial compensation you need to live a full life, and may even be able to negotiate a settlement that avoids trial. They can also represent you in court if the matter does not settle.