Childbirth Injury Law

A reputable birth injury lawyer will look over your medical records and obtain expert opinions. They will also determine any policies or procedures that were violated.

Your attorney will create solid arguments by proving four components of your claim. These elements comprise:

Medical Malpractice

Medical negligence refers to any act or omission of a doctor, nurse, or any other health professional that violates the standard of care for their patient. Birth injuries are usually caused by a failure to diagnose or treat a condition that is related to birth or pregnancy. Despite being one of the most advanced nations in the world however, the US is still plagued by a high rate of fatal and serious injuries caused by medical malpractice during labor and delivery.

Patients may sue a medical professional to recover damages if they have committed malpractice. If a lawsuit is successful the family of the victim could be awarded compensation for past and future medical expenses and lost income, as well as emotional distress, pain and suffering. Winning a settlement or verdict does not undo the damage caused by a medical mistake, but it may give a family tools to help their child live a healthy and happy life despite the effects of their injury.

To bring a lawsuit against a doctor or hospital, the family must prove that they suffered harm due to the health care professional's departure from the standard of care and that this departure directly led to the injuries they sustained. To prove this, medical experts are needed to prove the case. Depending on the location of the family, they could be confronted with both substantive and procedural hurdles in proving the malpractice.

A skilled lawyer can assist parents determine if a physician or hospital health care provider has committed medical malpractice during childbirth. The first step is a free consultation and a thorough assessment of the case. A qualified attorney will review the medical documents and conduct interviews to assess whether there is a legal basis for a medical malpractice claim.

An attorney can then present a demand package to the hospital's doctor or malpractice insurance company, which includes a statement about what happened and copies of medical documents. If the medical provider refuses to consider the request or doesn't provide a fair amount, the family could decide to bring a lawsuit. Most malpractice cases are settled out of the court. Settlements can provide financial assistance to families to cover the costs of treatment as well as other losses that are associated with a birth injury.

Pharmaceutical Negligence

The pharmaceutical companies that make the drugs owe pregnant women a duty of care to ensure that the medication is safe. If drug manufacturers fail to fulfill this obligation of care, they could be held accountable for birth injuries caused by their drugs. Pharmaceutical negligence claims are based on theories of responsibility for product liability and breach of warranty and negligence per se.

Medical malpractice during childbirth could cause life-changing injuries to infants and mothers. If you suspect that your child suffered injury because of a medical error during the labor and birth process, consult a skilled New York birth injury attorney immediately to discuss your legal options.

In the vast majority, a successful claim of birth injury litigation process injuries or medical malpractice must be based on the fact that your obstetrician violated his duty of care. This means that they did something that was in violation of the standard of medical care that is generally accepted in similar circumstances. The attorney will consult medical experts to establish the standards and determine if the defendant's actions fell below this standard in your specific circumstances.

There are a variety of medical negligence that can result in birth injuries, including failure to observe the mother for signs of complications, misdiagnosis, incorrect treatment, surgical errors, and failure to perform an emergency C-section if needed. These medical mistakes could result in serious injuries to the infant or mother, such as brain damage or spinal cord injuries and even loss of limbs.

In many instances the injuries suffered by a mother or baby result from a problem with the umbilical cord. Cord prolapse occurs when the cord is wrapped around the neck. Cord entanglement occurs when the cord passes through the birth canal prior to the birth of the baby. These problems are easily spotted and should be addressed as soon as possible, however, they are sometimes overlooked.

Deaths and injuries caused by medical negligence during the birth of a child can be devastating for the entire family. They can cause permanent disabilities, emotional stress as well as financial hardship. An experienced New York birth injury attorney can assist you in obtaining the compensation that you deserve.

Hospital Negligence

The time of childbirth negligence lawyer is delicate for both the mother and the baby. Any medical mistakes in labor and delivery could cause devastating consequences. The smallest delay in the delivery of oxygen to the newborn brain could result in Erb's Palsy or cerebral palsy. While certain birth injuries are inevitable but other issues can be prevented with timely and adequate medical care.

Our firm is frequently called upon by families who have suffered significant, life-altering injuries due to carelessness by hospital personnel during the delivery process. In these situations it could be possible to bring a suit against the doctors and nurses who provided care as well as their employers' hospitals. The lawsuit seeks an amount of money to cover the cost of long-term treatment, care and other costs.

A hospital negligence claim starts by filing a medical malpractice claim with the appropriate state agency, typically the Office of Patient Safety or the State Medical Board. This is the formal start of legal procedures. The complaint must be detailed written claim and a request for evidence from healthcare providers, as well as expert opinions.

Many cases involving medical negligence during labor, pregnancy and delivery result in infections caused by the improper use of instruments, inability to detect and treat medical issues in the mother such as preeclampsia and gestational diabetes or mismanaging issues like fetal distress. These mistakes can lead to septic-shock, which can be fatal for both mother and child.

Other cases include severe birth injury lawyers birth trauma caused by an obstetrician who did not use enough force during a C-section, failing detect the signs of fetal stress or using forceps in a way that is not appropriate, or vacuum extraction devices. When these injuries occur, they can have lasting consequences, such as physical and mental impairments. In some instances, such injuries can also result in the death of a person who was wrongful. In these cases, a family is limited in their ability to file a lawsuit within strict deadlines for legal action, also known as statutes. Failure to submit a lawsuit within the timeframe will prevent an injured family from receiving the justice they deserve.

Birth Trauma

Medical malpractice or hospital negligence is the reason for a variety of birth injuries. If this happens, families deserve fair compensation for their child's future medical expenses as well as lost earnings potential physical suffering and suffering, emotional distress and loss of enjoyment life.

It is essential to have an attorney who knows how to demonstrate that a health care provider's actions fell below the accepted standard of professional care. This typically involves consulting experts and looking over medical records to discover guidelines, procedures, and policies that were not adhered to. Witness testimony can be extremely powerful in establishing poor care as well.

An experienced lawyer for birth injuries will have an extensive network of medical professionals to review your case and give opinions on the standards of care for the given circumstances. He or she will also know about the statutes of limitations as well as other requirements for procedural procedures in your state. These elements could have a significant effect on the outcome of your case.

A top lawyer for birth trauma will also have the resources needed to bring a lawsuit against negligent hospitals, doctors, and other medical providers. They will work with the hospital's insurance company to negotiate an appropriate settlement for your family. If a settlement is not agreed upon, your lawyer may take your case to court. There, a judge or jury will decide whether the hospital or the doctor is responsible for your child’s injury.

Doctors and hospitals typically settle medical malpractice claims rather than risking a large verdict in court. Jurors are compassionate towards children with disabilities and can give a substantial amount. While financial compensation won't reverse what happened to your child, it can help pay for therapies, equipment, home accommodations and other expenses. It can also ease anxiety and stress that comes with the trauma of birth.