Childbirth Injury Law

A good lawyer for birth injuries will go through your medical records, and obtain expert opinions. They will also identify any policies or procedures that were broken.

Your attorney will demonstrate the following elements of your claim to build an argument that is strong. These include:

Medical Malpractice

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

Patients may sue a medical professional to recover damages if they commit malpractice. If a lawsuit is successful the family affected could be awarded compensation for past and future medical expenses, lost income, emotional distress, pain, and suffering. A settlement or verdict cannot undo the damage caused by a medical mistake, but it may provide a family with the resources needed to allow their child to live a healthy and happy life despite the effects of their prenatal injury attorney.

To bring a lawsuit against a doctor or hospital, a family must prove they were injured by the health professional's deviation from the accepted standard of care and that the deviation directly led to their injuries. A successful claim requires the help of medical experts to establish this fact. Depending on the location where the family resides there could be obstacles in the process and in proving malpractice.

A skilled lawyer can help parents determine if a doctor, hospital, or other health care provider committed medical negligence during childbirth. A no-cost consultation as well as a thorough evaluation of the case is the first step. A licensed attorney will examine the medical records and conduct interviews to determine whether there is a valid case for a medical malpractice claim.

An attorney may then send a demand package to the hospital's doctor or malpractice insurance company, which includes the details of what happened and copies of medical records. If the medical professional refuses to take the demand or doesn't offer a reasonable amount, the family can decide to file a suit. Most malpractice claims settle out of court. A settlement could provide financial aid families to pay the costs of treatment as well as other losses associated with an injury to the birth.

Pharmaceutical Negligence

If pregnant women receive prescription drugs or other medications during their pregnancies, the pharmaceutical companies that produce these drugs are required to fulfill a duty of care to ensure the drugs are safe to use. If the drug makers fail to meet the requirements of this duty, they could be held accountable for birth injuries caused by their products. Pharmaceutical negligence claims are based on theories of liability for product liability and breach of warranty and negligence as a whole.

Medical negligence during childbirth could cause serious injuries to infants and mothers. If you suspect that your child was injured as a result of an error made by a doctor during labor or delivery then contact an New York birth injury lawyer as soon as you can to discuss legal options.

In the majority of cases, a successful claim for medical malpractice or birth injury requires proving the obstetrician and any other hospital staff members did not fulfill their duty of care. This means they acted in a way that is in violation of a commonly accepted standard of medical care in similar circumstances. The attorney will consult medical experts to establish the standard and determine whether the defendant's actions fell below the standard in your particular circumstances.

There are many types of medical malpractice that could result in birth injuries, such as inability to observe the mother for signs of complications, misdiagnosis ineffective treatment, surgical mistakes, and failure to perform an emergency C section when required. These medical mistakes can result in serious injuries to the child or mother, including brain damage, spinal injuries, and limb loss.

In many instances the injuries suffered by a mother or her baby are the result of an issue with the umbilical cord. These issues include cord prolapse, in which the cord is wrapped around the neck, and cord entanglement, when the cord moves through the birth canal prior to the baby is born. These issues are easy to detect and should be dealt with immediately, but sometimes they are not.

The negligence of a doctor during childbirth could cause serious injuries, and even death. This could be devastating for the family. They can lead to permanent disabilities, emotional stress and financial hardship. A New York birth injury lawyer can assist you in obtaining the justice you deserve.

Hospital Negligence

Childbirth is a delicate time for both the mother and baby. Any medical error during labor and birth could have devastating consequences. For example, the smallest delay in delivering oxygen to a newborn's brain could cause cerebral palsy Erb's palsy, or other long-term conditions. Certain birth injuries cannot be avoided, however other complications can usually be prevented by timely and appropriate medical attention.

Our firm is often approached by families who have suffered serious, life-altering injuries as a result of the negligence of hospital staff during the birth process. In these cases, it may be possible to bring a suit against the nurses and doctors who provided treatment and their employers' hospitals. The lawsuit seeks an amount of money to cover the cost of long-term treatment, care, and other expenses.

A claim for hospital negligence begins with a medical malpractice report filed with the appropriate state agency. This is usually the Office of Patient Safety, or the State Medical Board. This is the formal start of legal proceedings. It includes a detailed written claim as well as a request for proof by healthcare professionals, and expert opinions.

Many instances of medical negligence during pregnancy, labor and delivery result in infections that result from a healthcare professional's inexperienced use of instruments, failure to recognize and treat medical issues in the mother such as preeclampsia and gestational diabetes or mismanaging issues like distress of the fetus. In some cases, these errors can lead to septic shock, which can be deadly for both mother and baby.

Other cases include severe birth trauma caused by an obstetrician's inadequate use of force during a C-section, or failing to recognize signs of distress in the fetus, or improper use of vacuum extractors or forceps. These injuries can last for a long time and cause lasting effects, including physical and mental impairments. In some cases, such injuries can also result in the death of a person who was wrongful. In these instances the family's right to file a lawsuit will be governed by strict legal timeframes called statutes of limitations. Families who suffer injuries will not get the compensation they deserve when they fail to file a lawsuit within the time frame.

Birth Trauma

Hospital negligence or medical malpractice is the reason for a variety of free birth injury consultation injuries. When this happens families should be compensated fairly for their child's future medical expenses as well as loss of earning potential physical suffering and pain emotional stress and loss of enjoyment of life.

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

A skilled birth injury lawyer will have an extensive network of medical professionals to review your case and provide opinions regarding the appropriate level of care that is appropriate for the circumstances. The lawyer will also be aware of the statutes of limitations as well as other requirements for procedural procedures in your state. These elements could have a significant impact in the outcome of your case.

A reputable birth trauma attorney will also have the ability to make a claim against negligent physicians, hospitals and other medical providers. They will collaborate with the hospital's insurer to secure an equitable settlement on behalf of your family. If a settlement can't be reached, your attorney may go to trial where jurors and judges will decide whether or not the hospital or doctor was accountable for your child's injury.

Hospitals and doctors usually settle medical malpractice claims rather than risking a large verdict in court. Additionally, juries tend to be sympathetic to children with disabling conditions and may award a large sum. Financial compensation cannot undo the damage caused to your child, but it can be used to pay for therapy equipment, home accommodations and other expenses. It also helps reduce the stress and anxiety associated with dealing with the aftermath of birth injuries.