Childbirth Injury Law
A good lawyer for birth injuries will examine your medical records and seek expert advice. They will also identify policies and procedures that were not adhered to.
Your attorney will prove the four elements of your claim to build a strong case. These comprise:
Medical Malpractice
Medical negligence refers to any act or omission of a doctor, nurse or other health care provider that violates the standard of care for their patient. In the case of birth injuries, this usually refers to a inability to properly diagnose or treat a birth or pregnancy-related health condition. The US, although it is among the most advanced nations in the world, still has a high rate of fatal and serious injuries caused by medical malpractice during delivery.
When a medical professional commits an act of negligence and their patients are able to seek damages. In a successful claim the family affected could be awarded compensation for past and future medical expenses as well as lost income, emotional distress, pain, and suffering. A settlement or verdict cannot undo the harm caused by a medical error however, it could give a family the resources needed to allow their child to live a healthy and happy life despite the effects of their injuries.
To pursue a doctor or hospital, a family has to prove they were injured by the health professional's deviation from the standard of practice and that the deviation directly caused the injuries. To prove this medical experts are required to prove the case. Depending on the location where the family resides, they may also face substantive and procedural obstacles to proving malpractice.
skilled birth injury lawyer with experience can help parents determine if a physician, hospital or other health care provider has committed medical malpractice during the delivery of their child. A no-cost consultation as well as a thorough evaluation of the case is the first step. A qualified attorney will review medical records and conduct an interview in order to determine whether there is an opportunity to make an action for medical malpractice.
An attorney may then send an offer to the hospital's doctor or malpractice insurer, which will include a statement about what happened and copies of medical records. If the medical professional refuses to take the demand or refuses to provide a fair amount, the family may decide to file a lawsuit. The majority of malpractice cases are settled outside of the court. Settlements can provide families financial assistance to pay the cost of treatment as well as other expenses related to an injury to the birth.
Pharmaceutical Negligence
The pharmaceutical companies that make the drugs are responsible to pregnant women with a duty of care in order to ensure that the medication is safe. If drug manufacturers fail to fulfill this obligation of care, they may be held accountable for birth injuries resulting from 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 may cause serious injuries to infants and mothers. If you suspect that your child suffered harm due to a medical error during the labor and birth process, contact an experienced New York birth injury attorney immediately to discuss your legal options.
In the vast majority, an effective claim for medical malpractice or birth injuries will require you to prove that your obstetrician did not fulfill his duty of care. This means that they acted in a manner that is not in line with a generally accepted standard of medical care in similar circumstances. The attorney will consult medical experts to establish the standard and determine if the defendant's actions fell below the standard in your particular circumstances.
Medical negligence can result in birth injuries in several ways, such as failures to examine the mother and search for signs of complications. Other examples include misdiagnosis of the mother, ineffective treatment of her, surgical errors, and failures to perform an emergency c-section when required. Medical errors could result in serious injuries to the mother or infant such as brain injury and spinal cord injuries and even loss of limbs.
In a lot of instances, injuries to a baby or mother are the result of an umbilical cord issue. These issues include cord prolapse, in which the cord is tangled around the neck and cord entanglement when the cord passes through the birth canal prior to the baby is born. These problems are easily spotted and should be addressed as soon as possible, but they are often overlooked.
Injuries and deaths caused by medical negligence during the birth of a child can be devastating for families. They can result in lifelong disabilities, emotional distress as well as financial hardship. A New York birth injury lawyer can assist you in getting the amount of compensation you deserve.
Hospital Negligence
Mother and child are vulnerable moment during the birth of a child. Any medical error during the delivery process could cause devastating consequences. Even the tiniest delay in oxygen delivery to the brain of a newborn baby can cause Erb's Palsy or cerebral palsy. Certain birth injuries cannot be avoided, but other complications can be prevented by timely and appropriate medical attention.
Our firm is frequently approached by families who have suffered significant, life-altering injuries due to carelessness by hospital personnel during the delivery process. In these instances it is possible to bring a suit against the doctors and nurses who provided care, as well as their employer hospitals. The aim of lawsuits is to obtain an amount of money to cover the cost of healthcare or long-term treatment and other related expenses.
A hospital negligence claim starts by filing a medical malpractice claim with the appropriate state agency, usually the Office of Patient Safety or the State Medical Board. This is the formal start of legal proceedings. The complaint must be detailed written claim and a request for evidence by healthcare professionals, and expert opinions.
In many cases of medical negligence during pregnancy and labor, infections are caused by the improper use of instruments by health professionals, the failure to recognize and treat medical issues in mothers like preeclampsia and gestational diabetes, or the improper management of complications like stress on the fetus. These errors can lead to septic-shock, which can be fatal for both the mother and the child.
Other instances are characterized by severe birth traumas due to an obstetrician's improper use of force during a C-section, failing to detect signs of distress in the fetus or the incorrect use of forceps or vacuum extractors. These injuries can have long-lasting consequences which include mental and physical impairments. In some cases these injuries may cause wrongful death. In these instances the family will be restricted in their ability to file a lawsuit within strict deadlines for legal action, also known as statutes. Failure to start a lawsuit within this time frame can prevent a family that has been hurt from receiving the compensation they deserve.
Birth Trauma
Medical negligence or hospital negligence is the reason for a variety of birth injuries. Families deserve fair compensation when this happens for future medical expenses as well as loss of earning potential, emotional and physical pain and suffering, and loss of enjoyment their child's life.
It is crucial to have an attorney who knows how to demonstrate that a health care provider's actions fell below the accepted standards of professional care. This involves consulting with experts and reviewing medical records in order to identify policies, protocols, and procedures that were violated. Witness testimony can be powerful in establishing the quality of medical care, too.
A birth injury lawyer who has experience will have a network of includes medical professionals who are able to review your case and give opinions on the appropriate care under the circumstances. He or she will also be aware of the statutes of limitations as well as other procedural requirements in your state. These factors could have a significant impact in the outcome of your case.
A top attorney for birth trauma will have the resources needed to file a suit against negligent doctors, hospitals and other medical professionals. They will work with the hospital's insurance company to negotiate an equitable settlement for your family. If a settlement is not reached, your lawyer will take your case to court. There, a judge or jury will decide whether the hospital or the doctor is accountable for your child's injury.
Typically, doctors and hospitals prefer to settle medical malpractice cases instead of risking a large verdict at trial. Jurors are tolerant of children suffering from disabilities and may award a large amount. While financial compensation won't reverse what happened to your child but it can assist in paying for therapy, equipment as well as home accommodation and other expenses. It can also help reduce anxiety and stress that comes with living with a birth injury.