Childbirth Injury Law
A good lawyer for birth injuries will examine your medical records, and seek expert advice. They will also be able to identify the policies and procedures that were not followed.
Your attorney will prove four elements of your claim to build an effective case. These elements comprise:
Medical Malpractice
Medical negligence is any act or omission committed by an employee, doctor, or any other health professional that does not meet the standards of care they provide to their patient. Birth injuries are typically caused due to a failure to identify or treat a medical condition related to pregnancy or birth. The US, although it is among the most advanced nations in the world, still has a high proportion of serious and deadly injuries resulting from medical malpractice during birth.
Patients may sue a medical professional to recover damages if they are negligent. In a successful claim the family affected may be awarded compensation for future and past medical expenses, lost income, emotional distress, pain and suffering. A settlement or verdict might not be able to undo the damage caused by a medical mistake, however, it can give families with the resources they need to help their child lead an active and healthy life, despite the injury.
In order to file a lawsuit against a hospital or doctor the family must show that they suffered harm due to the health care professional's departure from the standard of care and that the decision directly led to their injuries. To prove this medical experts are required to support a successful claim. Depending on the whereabouts of the family, they could be confronted with substantive and procedural obstacles in proving the that they committed a crime.
A lawyer who has experience can help parents determine if a physician or hospital care provider has committed medical malpractice in the birth of their child. A no-cost consultation and thorough analysis of the situation is the first step. A licensed attorney will examine the medical records and conduct interviews to determine whether there is a legal basis for a medical malpractice claim.
A lawyer could then send to the malpractice insurance company of the hospital or doctor a demand package that contains an explanation of exactly what transpired as well as medical records. If the medical provider refuses to accept the demand, or a suitable amount is not available the family can decide to pursue a lawsuit. Most malpractice cases are settled out of the court. A settlement can offer families financial assistance to cover the cost of treatment as well as other expenses related to birth injuries.
Pharmaceutical Negligence
When pregnant women are given prescription medications or other drugs during their pregnancies, the pharmaceutical companies that manufacture those drugs owe them a duty of care to ensure that the medication is safe for use. When drug manufacturers fail to exercise this duty of care, they could be held liable for birth injuries that result from their medications. Pharmaceutical negligence claims are based on theories of liability related to product liability, breaching warranty, and negligence.
Medical malpractice during childbirth can cause life-altering injuries for infants and mothers. If you suspect your child suffered injuries due to a medical mistake during the labor and delivery process, contact an experienced New York birth injury attorney immediately to discuss your legal options.
In the vast majority of cases, the successful case of birth injuries or medical malpractice must be based on the fact that your obstetrician did not fulfill his duty of care. This means they did something that was in violation of the standard of medical care that is generally accepted in similar situations. The attorney will consult medical experts to determine the appropriate standard and then determine if the defendant acted according to this standard in your specific circumstances.
Medical negligence can cause birth injuries in a variety of ways, such as failures to examine the mother and search for signs of complications. Other examples include mistakes in diagnosing the mother, improper treatment of her, surgical mistakes, and failures to perform an emergency csection when necessary. These medical errors can lead to serious injuries to the mother or child including spinal injuries, and loss of limbs.
In many cases the injuries sustained by a mother or her baby are caused by an issue with the umbilical cord. Cord prolapse occurs when the cord is wrapped around the neck. Cord entanglement happens when the cord travels through the birth canal prior to the birth of the baby. These problems are easily spotted and must be addressed as soon as possible, but they are sometimes overlooked.
A medical error during childbirth could cause serious injuries, and even death. This can be devastating for a family. They can cause lifelong mental and physical disabilities and financial strain. A skilled New York birth injury attorney can assist you in obtaining the compensation that you are entitled to.
Hospital Negligence
The time of childbirth is delicate for both the mother and baby. Any medical errors during the labor and delivery process can result in devastating consequences. Even the tiniest delay in the delivery of oxygen to the newborn brain could lead to Erb's Palsy or cerebral palsy. While some birth injuries are unavoidable, other complications can be prevented with timely and proper medical attention.
Families who have suffered life-altering injuries due to the negligence of hospital staff during delivery frequently contact our firm. In these instances it could be possible to bring a lawsuit against the doctors and nurses who provided treatment, as well as their employers' hospitals. The purpose of a lawsuit is to obtain financial compensation to cover the cost of healthcare, long-term treatment, and other associated expenses.
A hospital negligence case begins with filing an official 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 comprise a thorough written complaint, a request for documentation from healthcare professionals, and medical experts' opinions.
In a lot of cases of medical negligence during labor and pregnancy infections are caused by the incorrect use of instruments by health professionals, the failure to recognize and treat medical issues in mothers, such as preeclampsia and gestational diabetes, or the improper management of complications like fetal stress. childbirth injury compensation can result in septic-shock that can be fatal to both the mother and the child.
Other instances involve severe birth trauma caused by an obstetrician who did not use enough force during a C section, failing recognize signs of fetal stress, or using forceps in a way that is not appropriate, or vacuum extraction devices. If these injuries happen, they can have lasting consequences, such as mental and physical impairments. In some instances these injuries may cause wrongful death. In these situations families is limited in their ability to file a lawsuit by strict legal deadlines known as statutes. Failure to submit a lawsuit within this timeframe will stop a family who has been injured from receiving the justice they deserve.
Birth Trauma
Hospital negligence or medical malpractice is the cause of many birth injuries. Families should be compensated fairly when this happens for future medical expenses as well as loss of earning potential, physical and emotional suffering, and loss of enjoyment of their child's life.
It is crucial to have an attorney who knows how to show that a healthcare provider's actions did not meet the accepted standard of professional care. This often requires consulting experts and reviewing medical records to identify policies, procedures and protocols that were not adhered to. Witness testimony can be extremely powerful in establishing substandard treatment as well.
A birth injury lawyer with years of experience has a network that includes medical professionals who will analyze your case and offer opinions on the appropriate care in the particular circumstances. They also know the laws and procedural requirements of your state. These elements could have a significant effect on the outcome of your claim.
A top birth trauma lawyer will also have the ability to make a claim against negligent physicians, hospitals and other medical providers. They will work with the hospital's insurance company to negotiate a fair settlement for your family. If a settlement can't be reached, your attorney may take your case to trial where jurors and judges will decide if the hospital or doctor was responsible for the child's injuries.
Hospitals and doctors usually settle medical malpractice cases rather than risking a costly verdict in court. Jurors are compassionate towards children with disabilities and may award a large amount. Although financial compensation cannot undo what happened to your child, it can help pay for therapy, equipment, home accommodations and other expenses. It can also ease stress and anxiety that come from trauma at birth.