Childbirth Injury Law

A good find birth injury lawyer injury lawyer will review your medical records and obtain expert opinions. They will also determine any policies or procedures that were broken.

Your lawyer will construct an argument that is strong by proving four elements of your claim. These elements include:

Medical Malpractice

Medical negligence refers to any act or omission of a doctor, nurse, or any other health professional that is in violation of the standard of care for their patient. For birth injuries, it typically is a inability to properly diagnose or treat a pregnancy or birth injury claim-related disease. Despite being one of the world's most advanced nations however, the US still has a troubling rate of serious and fatal injuries caused by medical malpractice during labor and birth.

Patients can sue a medical professional for damages if they have committed malpractice. A successful lawsuit can result in compensation for past and future medical expenses and lost income, as well as emotional distress and pain and suffering. A settlement or verdict may not be able to undo the damage caused by a medical error but it can provide a family the support they require to ensure their child lives a healthy and happy life, despite the injury.

To bring a lawsuit against a doctor or hospital, the family must prove that they suffered harm due to the health care professional's departure from the standards of care and that this departure directly led to their injuries. A successful lawsuit requires the help of medical experts in proving this fact. Depending on the location where the family resides they could also be confronted with obstacles in the process and in proving malpractice.

A lawyer with experience can help parents determine if a doctor or hospital care provider has committed medical negligence in the birth injury legal team of their child. A no-cost consultation and thorough assessment of the case is the first step. A licensed attorney will examine the medical records and conduct an interview to determine if there is a legal basis for an action for medical malpractice.

A lawyer could then send to the insurer for malpractice of the hospital or doctor an offer package that includes the exact details of what happened, as well as medical records. If the medical provider does not accept the demand or a reasonable amount is not available the family can decide to file an action. Most malpractice claims are settled outside of the court. Settlements can provide families financial assistance to pay the cost of treatment as well as other losses related to birth injuries.

Pharmaceutical Negligence

If pregnant women receive prescription drugs or other medications during their pregnancy, the pharmaceutical companies that manufacture these drugs are required to fulfill an obligation of care to ensure that the medication is safe to use. If the drug companies do not meet this duty of care, they may be held responsible for birth injuries resulting from their drugs. Pharmaceutical negligence claims are based on theories of liability that relate to product liability, breaching warranty, and negligence.

Medical negligence during childbirth could cause serious injuries to mothers and infants. If you suspect that your child has suffered harm due to a medical mistake during the labor and delivery process, you should contact a seasoned New York birth injury attorney immediately to discuss your legal options.

In the majority of cases, a successful claim for medical malpractice or birth injuries requires proving that your obstetrician and other hospital staff members violated their duty of care. This means that they acted in a manner 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 whether the defendant acted below the standard in your particular circumstances.

Medical negligence can cause birth injuries in a variety of ways, such as failures to monitor the mother and look for signs of problems. Other instances include mistaken diagnosis of the mother, inadequate treatment of her, surgical errors, and failures to perform an emergency c-section if needed. These medical errors can cause serious injuries to the mother or child such as brain damage, spinal injuries, and even loss of limbs.

In many cases the injuries suffered by a mother or her baby are the result of problems with the umbilical cord. These issues include cord prolapse, where the cord is wrapped around the neck and cord entanglement when the cord moves through the birth canal before the baby is born. These problems are easy to spot and should be addressed promptly, but often they are not.

A medical error during childbirth could result in serious injuries or even death. This can be devastating to a family. They can cause permanent disabilities, emotional trauma as well as financial hardship. A New York birth injury lawyer can help you get the compensation you deserve.

Hospital Negligence

Mother and child are vulnerable time during childbirth. Any medical error during labor or delivery could result in devastating consequences. Even the tiniest delay in oxygen delivery to a newborn brain can cause Erb's Palsy or cerebral palsy. While some birth injuries are unavoidable, other complications are preventable with prompt and proper medical attention.

Our firm is frequently approached by families who have suffered serious, life-altering injuries due to carelessness by hospital personnel during the delivery process. In these situations it is possible to bring a lawsuit against the doctors and nurses who performed the treatment, as well as their employers' hospitals. The lawsuit seeks an amount of money to cover the cost of care, long-term treatments, and other expenses.

A hospital negligence case 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. It consists of a thorough written claim, a request for documentation by healthcare providers, and expert opinions.

In a lot of cases of medical negligence during pregnancy and labor infections are caused by the ineffective use of instruments by medical professionals, the inability to recognize and treat medical issues in mothers, such as preeclampsia and gestational diabetic, or the ineffective management of complications such as stress on the fetus. In certain instances these mistakes can lead to septic shock, which can be deadly 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 spot signs of distress in the fetus or the improper application of vacuum extractors or forceps. These injuries can have long-lasting effects that include mental and physical impairments. In some cases the injuries could lead to wrongful death. In these instances the family's right to pursue an action will be governed by strict legal time frames called statutes of limitations. Failure to start a lawsuit within this timeframe will prevent an injured family from receiving the amount of compensation they are entitled to.

Birth Trauma

Medical negligence or hospital negligence is responsible for many birth injuries. In the event of this families should be compensated fairly for the future medical costs of their child as well as loss of earning potential, physical suffering and pain emotional stress and loss of enjoyment life.

It is important to hire an attorney who can to prove that the actions of a healthcare professional did not meet the standards of professional care. This involves consulting with experts and reviewing medical records in order to determine the policies, protocols, and procedures that were violated. Witness testimony can be extremely powerful in establishing the quality of care.

A birth injury lawyer who has experience will have a network of includes medical professionals who can examine your case and provide opinions on the standard care under the circumstances. He or she also knows the laws and procedural requirements of your state. These factors could have a significant impact in the outcome of your claim.

A top birth trauma attorney has the capacity to bring a lawsuit against negligent physicians, hospitals and other medical providers. He or she will work closely with the hospital's insurance company to negotiate an appropriate settlement for your family. If no settlement is reached, your brachial plexus lawyer will bring your case to court where a judge or jury will decide whether the hospital or doctor is responsible for your child’s injury.

Generally, hospitals and doctors prefer to settle medical malpractice cases rather than risk a high verdict in a trial. Additionally, juries tend to be sympathetic to children who suffer from disabling ailments and can give a substantial amount. The financial compensation won't reverse the harm done to your child but it can be used to pay for therapy, equipment, home accommodations and other expenses. It also helps reduce the stress and anxiety associated with dealing with the aftermath of a birth injury.