Childbirth Injury Law

A reputable birth injury lawyer will examine your medical records and obtain expert opinions. They will also determine the procedures and policies that were not adhered to.

Your lawyer will present the four elements of your claim to build a strong case. These comprise:

Medical Malpractice

Medical negligence is defined as any act or omission committed by a nurse or doctor or other health care provider which violates the standard treatment provided to their patient. When it comes to birth injuries, it typically is a failure to properly diagnose or treat a pregnancy or birth-related condition. Despite being among the world's most advanced countries however, the US has a high rate of serious and fatal injuries caused by medical negligence during labor and delivery.

Patients may sue a medical professional for damages if they have committed malpractice. A successful claim can provide compensation for past and future medical costs and lost income, as well as emotional distress and pain and suffering. Winning a settlement or verdict will not reverse the harm caused by a medical error however it can provide a family with the resources to help their child live a healthy and happy life despite the consequences of their injuries.

To pursue a doctor or hospital, a family must show that they suffered injuries due to the health professional's deviance from the accepted standard of care and that the deviation directly led to their injuries. A successful lawsuit requires the assistance of medical experts to establish this fact. Depending on the whereabouts of the family, they may face substantive and procedural obstacles to proving that they committed a crime.

A lawyer with experience can help parents determine if a doctor, hospital or other health care provider has committed medical negligence in the birth of their child. A free consultation and thorough evaluation of the case is the first step. An experienced attorney will go over the medical records and conduct an interview to determine whether there is a valid case for an action for medical malpractice.

An attorney can then present an order to the hospital's doctor or malpractice insurance company, which includes the details of what happened and medical records. If the medical professional does not accept the demand or a reasonable amount is not available the family may decide to pursue an action. Most malpractice cases settle out of court. A settlement can offer financial aid families to pay the costs of treatment as well as other expenses associated with a birth injury.

Pharmaceutical Negligence

If pregnant women receive prescription medications or other drugs during their pregnancy, pharmaceutical companies that make the drugs have the duty of care to ensure that the drugs are safe to use. If drug manufacturers fail to fulfill the requirements of this duty, they can be held responsible 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 obstetrics negligence attorney during childbirth could cause serious injuries to infants and mothers. If you suspect your child suffered harm due to a medical error during the labor and delivery process, consult a skilled New York birth injury attorney immediately to discuss your legal options.

In the majority of cases, a successful claim for medical malpractice or birth injuries is proving the obstetrician and any other hospital staff members violated their duty of care. This means they acted in a way that was in violation of the standard of medical care that is generally accepted in similar circumstances. The attorney will consult with medical experts to determine the standards and then determine if the defendant's actions were according to this standard in your particular circumstances.

There are several types of medical negligence that could lead to birth injuries, such as failure to check the mother for signs of complications, misdiagnosis, ineffective treatment, surgical mistakes, and failure to perform an emergency C-section when required. These medical errors can cause serious injuries to the mother or child, such as brain damage, spinal injuries, and loss of limbs.

In many cases the injuries suffered by a mother or baby are caused by a problem with the umbilical cord. Cord prolapse happens when the cord is wrapped around the neck. Cord entanglement happens when the cord passes through the birth canal prior to the birth of the baby. These problems are easy to spot and should be addressed immediately, but sometimes they aren't.

Deaths and injuries caused by medical negligence during childbirth can be devastating to the entire family. They can result in permanent mental and physical disabilities and financial strain. A New York birth injury lawyer can assist you in obtaining the compensation you deserve.

Hospital Negligence

Childbirth is a delicate time for both mother and baby. Any medical errors during labor and delivery could result in devastating consequences. The smallest delay in oxygen delivery to a newborn brain can result in cerebral palsy or Erb's Palsy. While some birth injuries are unavoidable but other issues are preventable with prompt and proper medical attention.

Families who suffer life-threatening injuries as a result of the negligence of hospital staff during birth often contact our firm. In these cases it is possible to bring a suit against the nurses and doctors who performed the medical care and their employers' hospitals. This lawsuit seeks an amount of money to cover the cost of long-term treatment, care as well as other expenses.

A claim for hospital negligence begins with an medical malpractice report that is 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 from healthcare providers, as well as expert opinions.

Many cases involving medical negligence during pregnancy, labor and delivery involve complications caused by a healthcare professional's improper use of instruments, inability to detect and treat maternal medical problems like preeclampsia or gestational diabetes or mismanaging the complication of distress of the fetus. These errors can cause septic-shock, which can be fatal for both mother and child.

Other instances include severe birth trauma caused by an obstetrician's inadequate use of force during a C-section, or failing to spot signs of distress in the fetus, or improper use of vacuum extractors or forceps. These injuries can have long-lasting effects, including physical and mental impairments. In certain instances, these injuries can cause wrongful death. In these instances, a family's ability to file lawsuits will be determined by strict legal deadlines known as statutes of limitation. Injured families will not receive the compensation they deserve in the event that they do not file a lawsuit within this timeframe.

Birth Trauma

Medical negligence or hospital negligence is the cause of many birth injuries. In the event of this families should be compensated fairly for their child's future medical expenses and lost earnings potential physical suffering and suffering, emotional distress and loss of enjoyment life.

It is crucial to find an attorney who can to prove that the actions of a healthcare professional did not meet the standards of professional care. This involves consulting with experts and looking over medical records in order to discover policies, protocols, and procedures that were not followed. Witness testimony can be extremely powerful in establishing the quality of care.

An experienced birth injury lawyer will have a network of medical experts to evaluate your case and provide opinions on the standards of care for the given circumstances. He or she will also know about the statutes of limitations and other procedural requirements in your state. These elements can make a significant difference in the outcome of your case.

A reputable compassionate birth injury lawyer trauma attorney will also have the resources to bring a lawsuit against negligent hospitals, doctors and other medical providers. They will collaborate with the insurance company of the hospital to secure an equitable settlement for your family. If no settlement is agreed upon, your lawyer may take your case to court where a judge or jury will decide if the doctor or hospital is accountable for your child's injury.

Typically, doctors and hospitals prefer to settle medical malpractice cases rather than risk a high verdict in a trial. Jurors are tolerant of children with disabling conditions, and they may decide to award a substantial sum. While financial compensation can't undo the harm that your child suffered but it can assist in paying for therapy, equipment or home accommodations, among other expenses. It can also help reduce anxiety and stress that comes with living with a birth injury compensation injury.