Childbirth Injury Law

A good birth injury lawyer will look over your medical records and seek expert opinions. They will also identify rules and procedures that were not followed.

Your attorney will create solid arguments by proving four components of your claim. These elements comprise:

Medical Malpractice

Medical negligence refers to any act or omission by a doctor, nurse, or other health care professional that violates the standard of care for their patient. Birth injuries are usually caused by the failure to recognize or treat a condition related to pregnancy or birth. Despite being one of the most advanced nations in the world however, the US has a high rate of serious and fatal injuries caused by medical malpractice during labor and birth.

Patients can sue a medical professional for damages if they are negligent. If a lawsuit is successful the family of the victim could be awarded compensation for past and future medical expenses as well as lost income, emotional distress, pain and suffering. The awarding of a settlement or a verdict will not reverse the harm caused by a medical error, but it may give a family the resources needed to allow their child to live a healthy and happy life despite the consequences of their injury.

To pursue a doctor or hospital, a family has to show that they suffered injuries due to the health professional's deviance from the standard of practice and that the deviation directly caused the injuries. To prove this medical experts are required to prove a case. Depending on where the family lives they could also be confronted with procedural and substantive obstacles to the proof of malpractice.

A skilled lawyer can help parents determine if a physician, hospital, or other health care provider acted in medical negligence during childbirth. The first step is a free consultation and thorough analysis of the situation. A licensed attorney will examine medical documents and conduct interviews to determine if there's an argument for medical malpractice claims.

An attorney may then send an order to the hospital's doctor or malpractice insurance company, which includes an explanation of what transpired and copies of medical documents. If the medical professional is not willing to accept the request, or a suitable amount is not offered the family can decide to file a lawsuit. The majority of malpractice cases are settled outside of court. Settlements could provide financial aid to families to cover the costs of treatment and other losses that are associated with a birth injury.

Pharmaceutical Negligence

When pregnant women are given prescription drugs or other medications during their pregnancy, pharmaceutical companies that manufacture these drugs are required to fulfill a duty of care to make sure that the medication is safe to use. If the drug companies fail to fulfill this obligation of care, they may be held accountable for birth injury law firm injuries resulting from their products. Pharmaceutical negligence claims are based upon theories of liability that relate to product liability, breaching warranty and negligence.

Medical errors during childbirth can cause life-altering injuries for infants and mothers. If you suspect your child was injured because of an error in medical care during labor and delivery, contact an New York birth injury lawyer immediately to discuss legal options.

In the vast majority of cases the successful case of medical malpractice or birth injuries will require you to prove that your obstetrician did not fulfill his duty of care. This means they acted in a way that is not in line with a generally accepted standard of medical practice in similar circumstances. The attorney will consult with medical experts to establish the standard and determine if the defendant's actions fell below this standard in your specific circumstances.

There are a variety of medical negligence that can cause a birth injury, including failure to observe the mother for signs of complications, misdiagnosis, incorrect treatment, surgical errors and inability to perform an emergency C section when necessary. 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 sustained by a mother or baby result from problems with the umbilical cord. Those problems include cord prolapse, when the cord is wrapped around the neck and cord entanglement when the cord passes through the Board-Certified Birth Injury Lawyer canal prior to the baby is born. These issues are easy to spot and should be addressed promptly however, often they are not.

Injuries and deaths caused by medical negligence in childbirth negligence lawyer can be devastating for families. They can cause lifelong disabilities, emotional stress, and financial hardship. A New York birth injury lawyer can assist you in getting the justice you deserve.

Hospital Negligence

The time of childbirth is delicate for both the mother and baby. Any medical error during the labor and delivery process can result in devastating consequences. Even the tiniest delay in oxygen delivery to the brain of a newborn baby can result in Erb's Palsy or cerebral palsy. Some birth injuries can't be avoided, but other complications can usually be prevented by timely and appropriate medical attention.

Families who have suffered life-altering injuries as a result of the negligence of hospital staff during delivery often contact our firm. In these cases the possibility of a lawsuit is brought against the doctors, nurses, and hospitals that provided care. The goal of such lawsuits is to obtain financial compensation that addresses the costs of medical care or long-term treatment and other related expenses.

A claim for hospital negligence begins with filing a medical malpractice complaint with the appropriate state agency, typically the Office of Patient Safety or the State Medical Board. This is the formal beginning of legal proceedings, which include a detailed written complaint, a request for documentation from healthcare professionals, and expert medical opinions.

Many cases of medical negligence during pregnancy, labor and delivery result in complications caused by a healthcare professional's inadequate use of instruments, failure to recognize and treat medical issues in the mother such as preeclampsia and gestational diabetes or mismanaging the complication of fetal distress. In some cases these errors can lead to septic shock, which could be fatal for both mother and baby.

Other instances include severe birth trauma caused by an obstetrician's inadequate use of force during a C-section, failing to detect signs of fetal distress, or the incorrect use of forceps or vacuum extractors. These injuries can last for a long time and cause lasting effects, including physical and mental impairments. In some instances, such injuries can also result in the death of a person who was wrongful. In these instances the family's right to file a lawsuit will be governed by strict legal timeframes known as statutes of limitations. Failure to submit a lawsuit within the timeframe will prevent an injured family from receiving the amount of compensation they are entitled to.

Birth Trauma

Medical negligence or hospital negligence is the reason for a variety of birth injuries. In the event of this, families deserve fair compensation for the future medical costs of their child as well as lost earnings potential, physical suffering and suffering emotional pain and loss of enjoyment of life.

It is important to have an attorney who knows how to prove that a health care provider's actions fell below the standards of professional care. This typically involves consulting with experts and examining medical records to identify policies, procedures and protocols that were violated. Witness testimony can be a powerful tool in establishing the quality of medical care, too.

A skilled birth injury lawyer will have an extensive network of medical professionals to review your case and give opinions on the standards of care in the particular circumstances. He or she will also be aware of the statutes of limitations as well as other requirements for procedural procedures in your state. These factors can have a major impact in the outcome of your case.

A reputable attorney for birth trauma will have the resources to file a suit against negligent doctors, hospitals, and other medical providers. He or she will work with the hospital's insurer to negotiate an equitable settlement for your family. If a settlement cannot be reached, your lawyer can go to trial, where the jury and a judge will decide if the doctor or hospital was responsible for the injury to your child.

Typically, doctors and hospitals prefer to settle medical malpractice cases instead of risking a large verdict at trial. Juries are also known to be sympathetic to children with disabling conditions and could give a substantial amount. Financial compensation cannot undo the damage caused to your child, but it can be used to pay for therapy equipment, home accommodations and other expenses. It can also ease stress and anxiety that come from the trauma of birth.