Childbirth Injury Law

A good birth injury lawyer will examine your medical records and get expert opinions. They will also determine the rules and procedures that were violated.

Your lawyer will construct a strong case by proving four elements of your claim. These elements include:

Medical Malpractice

Medical negligence is defined as an act or omission committed by a doctor or nurse or other health care provider that violates the standard of treatment provided to their patient. For birth injuries, this usually is a failure to properly diagnose or treat a birth or pregnancy-related condition. The US, despite being one of the most advanced nations in the world, still has a high rate of fatal and serious injuries resulting from medical malpractice during delivery.

Patients may sue a medical professional to recover damages if they have committed malpractice. A successful case can offer compensation for past and future medical expenses and lost income, as well as emotional distress and suffering. The awarding of a settlement or a verdict cannot undo the damage caused by a medical mistake however, it could give a family tools to help their child live a healthy and happy life despite the effects of their injuries.

In order to file a lawsuit against a hospital or doctor the family must show that they suffered harm due to the health professional's deviation from the standard of care and that this decision directly led to their injuries. To prove this medical experts are required to prove the case. Based on the whereabouts of the family, they may face both substantive and procedural hurdles to prove that they committed a crime.

A lawyer experienced in the field can assist parents determine if a physician or hospital care provider has committed medical negligence in the birth of their child. The first step is a no-cost consultation and a thorough assessment of the situation. A licensed attorney will examine the medical documents and conduct interviews to determine if there is a legal basis for a medical malpractice claim.

An attorney may then send an order to the hospital's doctor or malpractice insurer, which will include a statement about what happened and medical documents. If the medical provider refuses to consider the request or refuses to provide a fair amount, the family could decide to bring a lawsuit. Most malpractice cases are settled outside of the court. A settlement can offer families financial assistance to cover the cost of treatment as well as other expenses related to a birth injury lawsuits.

Pharmaceutical Negligence

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

Medical malpractice during childbirth could cause life-altering injuries for infants and mothers. If you suspect that your child suffered injury due to a medical mistake during the labor and birth process, you should contact a seasoned New York birth injury lawsuit attorney immediately to discuss your legal options.

In the vast majority of cases an effective claim for medical malpractice or birth injuries will require you to prove that your obstetrician breached his duty of care. This means they acted in a manner that is in violation of a commonly accepted standard of medical practice in similar circumstances. The attorney will consult medical experts to establish the standards and determine if the defendant acted below this standard in your specific circumstances.

Medical negligence can lead to birth injuries in many ways, including failures to monitor the mother and look for signs of complications. Other examples include misdiagnosis of the mother, ineffective treatment of her, surgical mistakes and failure to perform an emergency c-section when needed. These medical mistakes can result in serious injuries to the child or mother, such as brain damage, spinal injuries, and limb loss.

In many instances the injuries sustained by a mother or baby result from an issue 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 baby's birth. These issues are easily identified and must be addressed as soon as possible, however, they are often overlooked.

Deaths and injuries caused by medical negligence in childbirth can be devastating for families. They can result in permanent mental and physical disabilities, and financial hardship. A New York birth injury lawyer can assist you in obtaining the amount of compensation you deserve.

Hospital Negligence

The birthing process is a delicate one for both mother and baby. Any medical error during labor and delivery can cause devastating harm. The smallest delay in oxygen delivery to the newborn brain could result in Erb's or cerebral palsy. Certain birth injuries cannot be avoided, however other complications can usually be prevented with prompt and appropriate medical attention.

Our firm is frequently approached by families who've suffered life-altering injuries caused by the negligence of hospital personnel during the delivery process. In these instances the possibility of a lawsuit is brought against the nurses, doctors and hospitals that provided treatment. The purpose of lawsuits is to seek an amount of money to cover the cost of healthcare or long-term treatment and other associated expenses.

A hospital negligence claim starts with 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 beginning of legal proceedings. They include a detailed written complaint, a request for documentation from healthcare professionals, and medical experts' opinions.

Many instances of medical negligence during pregnancy, labor and delivery involve complications caused by medical professionals' inexperienced use of instruments, inability to recognize and treat maternal medical problems like gestational diabetes or preeclampsia or mismanaging issues like fetal distress. In some cases these errors can cause septic shock, which can be fatal for both the mother and baby.

Other instances include severe birth trauma due to an obstetrician's improper use of force during a C-section, failing to spot signs of distress in the fetus, or the improper application of vacuum extractors or forceps. When these injuries occur, they can have lasting consequences, such as physical and mental impairments. In some instances, such injuries may also lead to the death of a person who was wrongful. In these cases the ability of a family to pursue lawsuits will be determined by strict legal deadlines known as statutes of limitations. Families that suffer injury attorneys will not be able to be compensated for their losses if they fail to file a lawsuit within the stipulated time frame.

Birth Trauma

Many birth injuries are caused by negligence or medical malpractice at the hospital. If this happens families are entitled to fair compensation for the future medical costs of their child, lost earnings potential physical suffering and suffering, emotional distress and loss of enjoyment life.

It is crucial to have an attorney who knows how to prove that a health care provider's actions were not in line with the accepted standard of professional care. This requires consulting with experts and looking over medical records to discover guidelines, protocols and procedures that were not followed. Witness testimony can be extremely powerful in establishing poor medical care, too.

A skilled birth injury lawsuit lawyer will have a network of medical professionals to review your case and give opinions on the standards of care that is appropriate for the circumstances. He or she will also have knowledge of the statutes of limitations as well as other requirements for procedural procedures in your state. These elements can have a major impact in the outcome of your claim.

A top birth trauma lawyer has the capacity to bring a lawsuit against negligent hospitals, doctors and other medical providers. They will work closely with the hospital's insurer to negotiate a fair settlement for your family. If a settlement cannot be reached, your lawyer can bring your case to trial where jurors and judges will decide whether or not the hospital or doctor was accountable for the child's injuries.

Generally, hospitals and doctors prefer to settle medical malpractice cases rather than risk a high verdict at trial. Moreover, juries tend to be sympathetic toward children with disabling ailments and can decide to award a substantial sum. Although financial compensation cannot undo the harm that your child suffered, it can help pay for therapy, equipment as well as home accommodation and other expenses. It can also reduce anxiety and stress that can come with a birth trauma.