Childbirth Injury Law

A good birth injury lawyer will look over your medical records and obtain expert opinions. They will also be able to identify any procedures or policies that were not followed.

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

Medical Malpractice

Medical negligence is any act or omission by a doctor, nurse or other health care provider that is in violation of the standard of care for their patient. In the case of birth injuries, it typically refers to a failure to properly diagnose or treat a pregnancy or birth-related disease. Despite being among the world's most advanced nations however, the US is still plagued by a high rate of fatal and serious injuries that result from medical malpractice during labor and birth.

If a medical professional is found guilty of an act of misconduct, their patients can seek damages. In the event of a successful lawsuit the family affected can obtain compensation for past and future medical expenses and lost income, as well as emotional distress, pain and suffering. Winning a settlement or verdict cannot undo the harm caused by a medical error however it can give a family the tools to help their child lead a healthy and happy life, despite the consequences of their injuries.

In order to file a lawsuit against a doctor or hospital, the family must prove that they suffered harm due to the health care professional's deviation from the standard of care and that this departure directly led to their injuries. To prove this, medical experts are needed to prove the case. Depending on the location where the family resides they could also be confronted with substantive and procedural obstacles to finding out if they committed a crime.

A skilled lawyer can assist 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 assessment of the case is the first step. A qualified attorney will review medical documents and conduct interviews to determine whether there is an argument for a claim of medical malpractice.

An attorney can then present an order to the doctor or hospital's malpractice insurance company, which includes a statement about what happened and copies of medical documents. If the medical provider refuses to accept the demand or does not provide a fair amount, the family could decide to file a suit. The majority of malpractice cases are settled outside of court. A settlement could provide financial aid families to pay the cost of treatment and other expenses associated with an injury to the birth injury litigation.

Pharmaceutical Negligence

The pharmaceutical companies that make the drugs owe pregnant women a duty of care to ensure that the drug is safe. If drug manufacturers fail to meet the requirements of this duty, they could be held accountable for birth injury litigation injuries resulting from their drugs. Pharmaceutical negligence claims are based on theories of the liability of product liability and breach of warranty and negligence in general.

Medical errors during childbirth can cause serious injuries to infants and mothers. If you suspect your child suffered injuries because of a medical error during the labor and birth process, you should contact a seasoned New York birth injury attorney as soon as possible to discuss your legal options.

In the vast majority of cases an effective claim for medical malpractice or birth injuries requires that you show that your obstetrician breached his duty of care. This means they acted in a way that was not in line with the standard of medical practice that is generally accepted in similar situations. The attorney will consult medical experts to establish the standards and determine if the defendant's actions were in violation of the standard in your particular circumstances.

Medical negligence can cause birth injuries in several ways, including failures to monitor the mother and look for signs of complications. Other instances include mistakes in diagnosing the mother, inadequate treatment of her, surgical errors and failure to perform an emergency csection when necessary. These medical mistakes can result in severe injuries to the mother or baby such as brain injury or spinal cord injuries and loss of limbs.

In many cases the injuries sustained by a mother or baby are the result of an issue with the umbilical cord. The causes are mainly cord prolapse, in which the cord is tangled around the neck, and cord entanglement, when the cord passes through the birth canal before the baby is born. These problems can be easily detected and should be addressed as soon as possible, however, they are sometimes overlooked.

Medical negligence during childbirth can result in serious injuries or even death. This could be devastating for the family. They can result in lifelong disabilities, emotional distress, and financial hardship. A skilled New York birth injury attorney can help you obtain the compensation that you are entitled to.

Hospital Negligence

Both mother and child are at a vulnerable moment during the birth of a child. Any medical error during labor and delivery can result in devastating consequences. For instance, the tiniest delay in delivering oxygen to the brain of a newborn could cause cerebral palsy Erb's syndrome, or other long-term issues. While some birth injuries are inevitable but other issues can be prevented with timely and proper medical attention.

Families who suffer life-threatening injuries due to the negligence of hospital staff during delivery frequently contact our firm. In these instances, it may be possible to bring a lawsuit against the doctors and nurses who performed the medical care and their employer hospitals. The goal of such lawsuits is to seek an amount of money to cover the costs of medical care as well as long-term treatments and other related expenses.

A claim for hospital negligence begins with the filing of a medical malpractice claim with the appropriate state agency. This is typically the Office of Patient Safety, or the State Medical Board. This is the formal start of legal proceedings. It consists of a thorough written claim and a request for evidence by healthcare providers, and expert opinions.

In many cases of medical negligence during pregnancy and labor, infections are caused by the incorrect use of instruments by healthcare professionals, the failure to recognize and treat medical conditions in mothers, such as preeclampsia and gestational diabetes, or the mismanagement of complications like stress on the fetus. In some instances these mistakes could lead to Septic shock, which can be deadly for both mother and baby.

Other instances include severe birth trauma as a result of an obstetrician not using enough force during a C section, failing recognize the signs of fetal stress or not properly applying forceps or vacuum extraction devices. If these injuries happen they may have long-lasting consequences, including mental and physical impairments. In some cases, such injuries can also result in wrongful death. In these situations the family will be restricted in their ability to file a lawsuit by strict legal help for birth injury deadlines known as statutes. Failure to file a lawsuit within the timeframe will prevent an injured family from receiving the justice they deserve.

Birth Trauma

Many birth injuries are the result of negligence or medical malpractice at the hospital. If this happens families should be compensated fairly for the future medical costs of their child and lost earnings potential, physical suffering and suffering emotional stress and loss of enjoyment life.

It is important to hire an attorney who can to demonstrate that the actions of a healthcare professional were not in line with the accepted standards of professional care. This requires consulting with experts and examining medical records in order to discover guidelines, protocols and procedures that were not adhered to. Witness testimony can be extremely powerful in establishing the quality of care.

An experienced lawyer for birth injuries will have a network of medical professionals to review your case and offer opinions on the standards of care for the given circumstances. He or she also is aware of the statutes and procedural requirements of your state. These elements could have a significant effect on the outcome of your claim.

A top attorney for birth trauma will also have the resources needed to file a lawsuit against negligent hospitals, doctors, and other medical providers. He or she will work closely with the hospital's insurance company to negotiate an appropriate settlement on behalf of your family. If no settlement is reached, your lawyer will take your case to court, where a judge or jury will decide whether the hospital or doctor is responsible for your child’s injury.

Generally, hospitals and doctors prefer to settle medical malpractice cases instead of risking a large verdict in a trial. Jurors are compassionate towards children with disabilities, and they may award a large amount. While financial compensation won't reverse what happened to your child but it can assist in paying for equipment, therapies, home accommodations and other expenses. It can also help reduce anxiety and stress associated with living with birth injuries.