Childbirth Injury Law

A good lawyer for birth injuries will examine your medical records, and get expert opinions. They will also determine the procedures and policies that were not adhered to.

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

Medical Malpractice

Medical negligence is any act or omission of an employee, doctor, or other health care provider that violates the standard of care for their patient. In the case of birth injuries, it typically is a inability to properly diagnose or treat a birth-related or pregnancy-related health condition. The US, even though it is among the most advanced countries in the world, still has a high rate of fatal and serious injuries resulting from medical malpractice during birth.

If a medical professional has committed an act of negligence the patients of the patient can claim damages. If a lawsuit is successful the family of the victim may be awarded compensation for future and past medical expenses, lost income, emotional distress, pain, and suffering. The awarding of a settlement or a verdict will not reverse the harm caused by a medical mistake however it can provide a family with the tools to help their child live a healthy and happy life despite the consequences of their injury claim lawyer.

To bring a lawsuit against a hospital or doctor the family must show that they were injured by the health professional's deviation from the standards of care and that the decision directly led to their injuries. A successful claim requires the help of medical experts to prove this fact. Depending on where the family is located there could be obstacles in the process and in the proof of malpractice.

A skilled lawyer can assist parents determine if a physician or hospital health care provider committed medical malpractice during childbirth. A no-cost consultation as well as a thorough assessment of the case is the first step. A licensed attorney will examine medical documents and conduct interviews in order to determine whether there is an argument for an action for medical malpractice.

A lawyer can then submit to the insurer for malpractice of the doctor or hospital an offer package that includes the exact details of what happened, along with medical documents. If the medical professional does not accept the demand, or a suitable amount is not offered the family can decide to pursue a lawsuit. Most malpractice claims are settled outside of the court. A settlement can offer families financial assistance to pay the cost of treatment and other expenses related to birth injuries.

Pharmaceutical Negligence

The pharmaceutical companies that make the drugs are responsible to pregnant women with a duty of care to ensure that the drug is safe. If the drug companies fail to exercise this duty of care, they could be held responsible for birth injuries resulting from their products. Pharmaceutical negligence claims are based on theories of responsibility for product liability, breach of warranty, and negligence per se.

Medical negligence during childbirth could cause serious injuries to infants and mothers. If you suspect that your child was injured due to a medical mistake during labor and delivery and you suspect that your child was injured, contact a New York birth injury lawyer immediately to discuss legal options.

In the vast majority of cases an effective claim for medical malpractice or birth injuries must be based on the fact that your obstetrician violated his duty of care. This means that they acted in a way that was not in line with the standard of medical practice that is generally accepted in similar circumstances. The attorney will consult medical experts to determine the appropriate standard, and then determine if the defendant's actions were under this standard in your specific circumstances.

Medical negligence can result in birth injuries in a variety of ways, including failures to observe the mother and check for signs of complications. Other examples include mistakes in diagnosing the mother, ineffective treatment of her, surgical mistakes and failure to perform an emergency c-section if needed. These medical mistakes can result in serious injuries to the mother or child, including spinal injuries, and loss of limbs.

In many instances the injuries sustained by a mother or her baby are caused by problems with the umbilical cord. Cord prolapse happens when the cord is wrapped around the neck. Cord entanglement happens when the cord passes through the birth canal prior to the baby's birth. These issues are easy to spot and should be addressed immediately however, sometimes they are not.

Deaths and injuries caused by medical negligence in the birth of a child can be devastating for a family. They can cause lifelong disabilities, emotional distress and financial hardship. An experienced New York birth injury attorney can assist you in obtaining the compensation that you deserve.

Hospital Negligence

The time of childbirth is delicate for both the mother and the baby. Any medical error during the delivery process could cause devastating consequences. For instance, even the tiniest delay in delivering oxygen to a newborn's brain could cause cerebral palsy Erb's palsy, or other long-term illnesses. Certain birth injuries cannot be avoided, however other complications can often be prevented by timely and adequate medical attention.

Families who suffer life-threatening injuries as a result of the negligence of hospital staff during birth frequently contact our firm. In these instances the possibility of a lawsuit is filed against the doctors, nurses, and hospitals that provided care. This lawsuit seeks financial compensation for the cost of care, long-term treatments and other costs.

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

Many instances of medical negligence during pregnancy, labor and delivery involve infections that result from medical professionals' improper use of tools, inability to detect and treat maternal medical issues like preeclampsia or gestational diabetes, or mismanaging complications like fetal distress. These errors can sometimes lead to septic-shock, which can be fatal for both mother and child.

Other cases involve severe birth trauma caused by an obstetrician's inadequate use of force during a C-section, failing to detect signs of distress in the fetus, or improper use of forceps or vacuum extractors. These injuries can cause long-lasting effects that include mental and physical impairments. In certain instances these injuries may cause wrongful death. In these cases families will be limited in their ability to file a lawsuit by strict legal deadlines, also known as statutes. Families that suffer Injury Claim Lawyer will not be able to receive the compensation they deserve when they fail to file a suit within this time frame.

Birth Trauma

Many birth injuries are caused by negligence or medical malpractice at the hospital. When this happens, families deserve fair compensation for the future medical costs of their child, lost earning potential, physical suffering and pain emotional stress and loss of enjoyment life.

It is important to hire an attorney who is able to prove that the actions of a healthcare professional were not in line with the accepted standards of professional care. This requires consulting with experts and reviewing medical records to discover policies, protocols and procedures that were not followed. Witness testimony can be a powerful tool in establishing the quality of care as well.

An experienced birth injury lawyer will have a network of medical experts to review your case and offer opinions on the standards of care that is appropriate for the circumstances. They also know the statutes and procedural requirements of your state. These factors could have a significant impact in the outcome of your claim.

A top birth trauma lawyer near me injury will also have the resources to file a lawsuit against negligent physicians, hospitals and other medical professionals. He or she will collaborate with the insurer of the hospital to secure an equitable settlement for your family. If a settlement cannot be reached, your lawyer will bring your case to court, where a judge or jury will decide if the doctor or hospital is responsible for your child’s injury.

Generally, hospitals and doctors prefer to settle medical malpractice cases rather than risk a high verdict at trial. Additionally, juries tend to be sympathetic towards children who suffer from disabling conditions and could decide to award a substantial sum. Financial compensation is not able to repair the harm done to your child but it can be used to pay for therapy, equipment, home accommodations and other expenses. It can also reduce the stress and anxiety associated with living with a birth injury.