Childbirth Injury Law

A reputable lawyer for birth injuries will review your medical records and obtain expert opinions. They will also identify rules and procedures that were violated.

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

Medical Malpractice

Medical negligence is defined as an act or omission by a nurse or doctor or other health professional which violates the standard care provided to their patient. For birth injuries, this usually refers to a inability to properly diagnose or treat a pregnancy or birth-related health condition. Despite being among the world's most advanced nations however, the US is still plagued by a high rate of fatal and serious injuries caused by medical malpractice during labor and delivery.

Patients may sue a medical professional to recover damages if they have committed malpractice. In a successful claim the family of the victim may be awarded compensation for past and future medical expenses, lost income, emotional distress, pain, and suffering. The awarding of a settlement or a verdict does not undo the damage caused by a medical negligence lawyers error however, it could provide a family with the tools to help their child lead a healthy and happy life despite the effects of their injury.

To bring a lawsuit against a doctor or hospital, the family must prove that they were harmed by the health care professional's deviation from the standards of care and that the deviation directly caused the injuries they sustained. A successful lawsuit requires the help of medical experts to prove this fact. Based on the location of the family members, they may face procedural and substantive barriers to proving that they committed a crime.

A skilled lawyer can assist parents determine if a doctor, hospital, or other health care provider committed medical malpractice during childbirth. The first step is a free consultation and a thorough assessment of the case. A licensed attorney will examine medical records and conduct an interview to determine whether there is an opportunity to make a claim of medical malpractice.

A lawyer may then submit to the malpractice insurance company of the hospital or doctor the demand form that contains the exact details of what happened, and copies of medical documents. If the medical professional does not accept the demand, or a suitable amount is not provided, the family can decide to file an action. Most malpractice claims are settled out of the court. Settlements can offer financial aid families to pay the cost of treatment and other expenses associated with an injury to the birth.

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. When drug manufacturers fail to fulfill this obligation of care, they may be held accountable for birth injuries resulting from their medications. Pharmaceutical negligence claims are based on theories of the liability of product liability as well as breach of warranty and negligence in general.

Medical malpractice during childbirth may cause serious injuries to mothers and infants. If you suspect your child suffered injuries due to a medical mistake during the labor and birth process, contact an experienced New York birth injury attorney immediately to discuss your legal options.

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

There are many types of medical negligence that can result in a birth injury, including failure to monitor the mother for signs of complications, misdiagnosis improper treatment, surgical mistakes, and failure to perform an emergency C-section if required. These medical mistakes can lead to significant injuries to the mother or baby injury attorneys including brain damage or spinal cord injuries and loss of limbs.

In a majority of instances, injuries to mother or baby are the result of an umbilical cord issue. Cord prolapse happens when the cord is wrapped around the neck. Cord entanglement occurs when the cord is inserted into the birth canal prior to the birth of the baby. These problems are easy to spot and should be dealt with immediately, but sometimes they are not.

A medical error during childbirth injury compensation could result in serious injuries or even death. This can be devastating for families. They can lead to permanent disabilities, emotional trauma, and financial hardship. An experienced New York birth injury attorney can help you obtain the compensation you deserve.

Hospital Negligence

Both mother and child are at a vulnerable stage during childbirth. Any medical errors during the delivery process could cause devastating consequences. For instance, even the tiniest delay in delivering oxygen to a newborn's brain could result in cerebral palsy, Erb's palsy, and other long-term illnesses. Some birth injuries cannot be avoided, however other complications can be prevented with prompt and adequate medical attention.

Families who have suffered life-threatening injuries as a result of the negligence of hospital staff during delivery often contact our firm. In these cases, a lawsuit may be filed against the nurses, doctors, and hospitals that provided care. The lawsuit seeks an amount of money to cover the cost of long-term treatment, care, and 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 and a request for evidence by healthcare professionals, and expert opinions.

Many instances of medical negligence during labor, pregnancy and delivery result in infections that result from a healthcare professional's inexperienced use of instruments, failure to detect and treat maternal medical problems like preeclampsia or gestational diabetes or mismanaging issues like distress of the fetus. In certain instances these mistakes can lead to septic shock, which could be deadly for both mother and baby.

Other instances involve severe birth trauma due to an obstetrician's improper use of force during a C-section, or failing to recognize signs of distress in the fetus, or the improper application of vacuum extractors or forceps. If these injuries happen they may have long-lasting consequences, including physical and mental impairments. In some instances these injuries may lead to wrongful death. In these instances the family's right to file a lawsuit will be governed by strict legal time frames known as statutes of limitation. Failure to start a lawsuit within this timeframe can prevent a family that has been hurt from receiving the amount of compensation they are entitled to.

Birth Trauma

Hospital negligence or medical malpractice is the reason for a variety of birth injury legal advice injuries. Families should be compensated fairly when this happens, for future medical expenses, loss of earning potential, physical and emotional suffering, and loss of enjoyment their child's life.

It is important to hire an attorney who is able to show that the actions of a healthcare professional did not meet the standards of professional care. This typically involves consulting with experts and examining medical records to find the policies, procedures and protocols that were not followed. Witness testimony can be powerful in establishing substandard medical care, too.

A birth injury lawyer with experience will have a network that includes medical professionals who are able to analyze your case and offer opinions on the best treatment in the particular circumstances. He or she also is aware of the statutes and procedural rules of your state. These aspects can have a major impact in the outcome of your claim.

A top birth trauma lawyer will also have the resources to make a claim against negligent hospitals, doctors and other medical providers. They will work with the insurance company for the hospital to secure a fair settlement for your family. If a settlement is not agreed upon, your lawyer may take your case to court, where the jury or judge will decide whether the hospital or doctor is accountable for your child's injury.

Doctors and hospitals typically settle medical malpractice claims, rather than risking a large verdict in court. Moreover, juries tend to be sympathetic toward children suffering from debilitating ailments and can award a large sum. Financial compensation is not able to repair the damage done to your child but it can be used to fund therapy equipment, home accommodation and other costs. It can also help reduce the stress and anxiety associated with dealing with the aftermath of birth injuries.