Childbirth Injury Law

A good birth injury lawyer will look over your medical records and seek expert opinions. They will also identify any procedures or policies that were violated.

Your attorney will build an argument that is strong by proving four elements of your claim. These comprise:

Medical Malpractice

Medical negligence is defined as an action or omission made by a doctor or nurse or any other health care professional which violates the standard care provided to their patient. When it comes to birth injuries, this usually refers to a inability to properly diagnose or treat a birth or pregnancy-related condition. Despite being among the most advanced nations in the world, the US still has a troubling rate of serious and fatal injuries caused by medical malpractice during labor and birth.

When a medical professional commits an act of misconduct and their patients are able to seek damages. In the event of a successful lawsuit the family affected can obtain compensation for future and past medical expenses and lost income, as well as emotional distress, pain and suffering. A settlement or verdict does not undo the harm caused by a medical mistake however, it could provide a family with the resources needed to allow their child to live a healthy and happy life despite the effects of their injuries.

In order to file a lawsuit against a doctor or hospital the family must show that they were injured by the health professional's deviation from the standard of care and that the deviation directly caused their injuries. A successful claim requires the help of medical experts to prove this fact. Depending on the whereabouts of the family, they could face both substantive and procedural hurdles in proving the that they committed a crime.

A lawyer who has experience can help parents determine whether a doctor, hospital or other health care provider has committed medical malpractice during the birth of their child. A no-cost consultation and thorough assessment of the case is the first step. A qualified attorney will review medical documents and conduct interviews in order to determine if there's an opportunity to make an action for medical malpractice.

A lawyer could then send to the malpractice insurer of the doctor or hospital a demand package that contains the exact details of what transpired, and medical records. If the medical provider is unwilling to consider the request or doesn't offer a fair amount, the family could decide to file a suit. The majority of malpractice cases are settled out of court. A settlement could provide financial aid to families to pay for the costs of treatment as well as other losses associated with an injury to the birth injury law consultation.

Pharmaceutical Negligence

When pregnant women are given prescription medications or other drugs during their pregnancy, the pharmaceutical companies that manufacture these drugs are required to fulfill a duty of care to make sure that the drugs are safe to use. When drug manufacturers fail to fulfill this duty of care, they could be held responsible for birth injuries resulting from their drugs. Pharmaceutical negligence claims are based upon theories of liability that relate to product liability, breach of warranty and negligence.

Medical errors during childbirth can cause serious injuries to mothers and infants. If you suspect that your child was injured as a result of a medical mistake during labor or delivery then contact an New York birth injury lawyer as soon as possible to discuss legal options.

In the majority of cases, a successful claim for medical malpractice or birth injury involves showing the obstetrician and any other hospital staff members violated their duties of care. This means they acted in a manner that falls below a generally accepted standard of medical care in similar circumstances. The attorney will consult with medical experts to determine the appropriate standard and then determine if the defendant acted in accordance with this standard in your particular situation.

There are a variety of medical negligence that can cause a birth injury, including inability to observe the mother for signs of complications, misdiagnosis, improper treatment, surgical mistakes, and failure to perform an emergency C-section if necessary. These medical mistakes can result in serious injuries to the child or mother, including brain damage, spinal injuries, and loss of limbs.

In many cases, the injuries sustained by a mother or baby are caused by a problem with the umbilical cord. The causes are mainly cord prolapse, where the cord is tied around the neck, and cord entanglement, when the cord moves through the birth canal prior to the baby is born. These problems are easy to spot and should be dealt with immediately, but sometimes they are not.

Deaths and injuries caused by medical negligence in childbirth can be devastating to families. They can lead to lifelong mental stress, physical injuries, and financial hardship. A New York birth injury lawyer can help you get the amount of compensation you deserve.

Hospital Negligence

Mother and child are at a vulnerable time during childbirth. Any medical error during labor and delivery could cause devastating consequences. The smallest delay in the delivery of oxygen to a newborn brain can cause cerebral palsy or Erb's Palsy. Some birth injuries can't be avoided, but other complications can be avoided by prompt and adequate medical attention.

Our firm is often approached by families who've suffered significant, life-altering injuries caused by carelessness by hospital staff during the birth process. In these instances the possibility of a lawsuit is brought against the nurses, doctors and hospitals that provided care. The lawsuit seeks an amount of money to cover the cost of care, long-term treatments and other costs.

A claim for hospital negligence begins with an medical malpractice report that is filed 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 procedures. It includes a detailed written claim and a request for evidence from healthcare providers, as well as expert opinions.

In a lot of cases of medical negligence during labor and pregnancy the cause of infection is the improper use of instruments by health professionals, the failure to detect and treat medical conditions in mothers like preeclampsia and gestational diabetic, or the improper management of complications like stress on the fetus. These mistakes can result in septic-shock that can be fatal for both mother and child.

Other cases include severe birth trauma caused by the obstetrician's inability to apply enough force during a C section and failing to detect signs of fetal stress or improperly applying forceps or vacuum extraction devices. If these injuries happen they may have long-lasting consequences, such as physical and mental impairments. In some instances, such injuries can lead to the death of a person who was wrongful. In these situations the family will be restricted in their ability to file a lawsuit within strict legal deadlines known as statutes. Families that suffer injury will not be able to receive the compensation they deserve if they fail to file a lawsuit within the stipulated timeframe.

Birth Trauma

Medical malpractice or hospital negligence is the cause of many birth injuries. If this happens families are entitled to fair compensation for the future medical costs of their child, loss of earning potential, physical pain and suffering emotional pain and loss of enjoyment life.

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

A skilled birth injury lawyer will have an extensive network of medical professionals to review your case and give opinions on the standard of care in the particular circumstances. They also know the laws and procedural requirements of your state. These aspects can have a major impact on the outcome of your claim.

A top birth injury lawyers lawyer for birth trauma will have the resources necessary to file a lawsuit against negligent doctors, hospitals, and other medical providers. They will collaborate with the insurance company for the hospital to secure a fair settlement for your family. If a settlement is not agreed upon, your brachial plexus lawyer may bring your case to court where the jury or judge will decide whether the hospital or the doctor is responsible for your child’s injury.

Doctors and hospitals usually settle medical malpractice claims, rather than risking a high verdict in court. Additionally, juries tend to be sympathetic toward children who suffer from disabling ailments and can award a large sum. While financial compensation can't undo what happened to your child, it can help pay for therapy, equipment as well as home accommodation and other expenses. It also helps reduce the stress and anxiety associated with dealing with the aftermath of birth injuries.