Childbirth Injury Law

A reputable lawyer for birth injuries will review your medical records and seek expert opinions. They will also determine any policies or procedures that were not followed.

Your lawyer will present the four elements of your claim in order to make an argument that is strong. These elements include:

Medical Malpractice

Medical negligence is defined as an act or omission committed by a doctor, nurse or any other health care professional that violates the standard of treatment provided to their patient. In the case of birth injuries, it typically refers to a inability to correctly diagnose or treat a birth-related or pregnancy-related health condition. The US, even though it is among the most advanced nations in the world, still has a high proportion of fatal and serious injuries caused by medical malpractice during the birth.

When a medical professional commits an act of negligence the patients of the patient can seek damages. If a lawsuit is successful the family of the victim may be awarded compensation for future and past medical expenses and lost income, as well as emotional distress, pain, and suffering. The awarding of a settlement or a verdict cannot undo the damage caused by a medical error however it can provide a family with the resources to help their child live a happy and healthy life, despite the consequences of their injuries.

In order to file a lawsuit against a doctor or hospital the family must demonstrate that they were injured by the health professional's deviation from the standards of care and that this deviation directly caused the injuries they sustained. A successful claim requires the help of medical experts to establish this fact. Depending on the location of the family members, they may face procedural and substantive barriers to proving malpractice.

A knowledgeable lawyer can help parents determine if a doctor, hospital, or other health care provider committed medical negligence during childbirth. The first step is a free consultation and thorough analysis of the situation. A licensed attorney will examine the medical records and conduct an interview to determine whether there is a valid case for a medical malpractice claim.

An attorney may then send an order to the doctor or hospital's malpractice insurance company, which includes the details of what happened and copies of medical records. If the medical professional refuses to accept the demand, or a suitable amount is not provided the family can decide to file a lawsuit. Most malpractice claims are settled outside of court. A settlement can offer financial aid families to pay the costs of treatment and other losses that are associated with a birth injury.

Pharmaceutical Negligence

If pregnant women receive prescription medications or other substances during their pregnancies, the pharmaceutical companies that make these drugs are required to fulfill a duty of care to ensure the medication is safe to use. When drug manufacturers fail to fulfill this duty of care, they may be held accountable for birth injuries that result from their medications. Pharmaceutical negligence claims are based on theories of liability for product liability as well as breach of warranty and negligence in general.

Medical malpractice during childbirth can cause life-changing injuries to infants and mothers. If you suspect that your child has suffered harm because of a medical error during the labor and birth process, you should contact a seasoned New York reliable birth injury lawyer injury attorney as soon as possible to discuss your legal options.

In the majority of cases, a successful claim for medical malpractice or birth injuries is proving the obstetrician and any other hospital staff members violated their duties of care. This means that they acted in a way that falls below a generally accepted standard of medical care in similar circumstances. The attorney will consult medical experts to establish the standards and determine if the defendant's actions fell below this standard in your specific circumstances.

Medical negligence can cause birth injury support injuries in many ways, including the failure to observe the mother and check for signs of problems. Other examples include mistaken diagnosis of the mother, ineffective treatment of her, surgical errors and inability to perform an emergency c-section if necessary. Medical errors can lead to significant injuries to the mother or infant, such as brain damage or spinal cord injuries and loss of limbs.

In many instances the injuries sustained by a mother or baby are caused by an issue 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 birth canal before the baby is born. These problems are easily spotted and should be addressed as quickly as possible, however, they are often overlooked.

Medical negligence during childbirth can cause serious injuries, and even death. This can be devastating for the family. They can result in permanent disabilities, emotional stress and financial hardship. A New York birth injury lawyer can help you get the compensation you deserve.

Hospital Negligence

The time of childbirth is delicate for both the mother and baby. Any medical mistakes in the labor and delivery process can result in devastating consequences. For instance, even the tiniest delay in delivering oxygen to the newborn injury lawyer's brain can cause cerebral palsy, Erb's palsy, and other long-term illnesses. While some birth injuries are unavoidable, other complications can be prevented with timely and adequate medical care.

Families who have suffered life-threatening injuries due to hospital staff negligence during delivery often contact our firm. In these situations it is possible to bring a lawsuit against the nurses and doctors who performed the care, as well as their employer hospitals. The goal of such a lawsuit is to seek financial compensation that addresses the costs of medical care, long-term treatment, and other associated expenses.

A hospital negligence claim starts with the filing a birth injury claim of a medical malpractice claim with the appropriate state agency. This is typically the Office of Patient Safety, or the State Medical Board. This is the formal start of legal procedures. It consists of a thorough written claim as well as a request for proof from healthcare providers, as well as expert opinions.

In a lot of cases of medical negligence during labor and pregnancy the cause of infection is the incorrect use of instruments by health professionals, the failure to recognize and treat medical issues in mothers like preeclampsia and gestational diabetic, or the improper management of complications like stress on the fetus. In some cases these mistakes can cause septic shock, which can be fatal for both the mother and baby.

Other instances involve severe birth trauma caused by an obstetrician's inadequate 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 can have lasting consequences, including physical and mental impairments. In certain instances, these injuries may also lead to wrongful death. In these instances, a family will be restricted in their ability to file a lawsuit by strict legal deadlines, also known as statutes. Injured families will not be compensated for their losses if they fail to file a lawsuit within the time frame.

Birth Trauma

Medical malpractice or hospital negligence is responsible for many birth injuries. Families deserve fair compensation in the event of future medical expenses as well as loss of earning potential, emotional and physical suffering, and loss of enjoyment their child's life.

It is important to have an attorney who understands how to show that a healthcare provider's actions did not meet the standards of professional care. This typically involves consulting with experts and examining medical records to discover policies, procedures and protocols that were not followed. Witness testimony can be a powerful tool in establishing poor treatment as well.

An experienced 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. The lawyer will also be aware of the statutes of limitation and other procedural requirements in your state. These factors can have a significant impact on the outcome of your case.

A top attorney for birth trauma will also have the resources necessary to file a lawsuit against negligent doctors, hospitals, and other medical providers. He or she will work closely with the hospital's insurance company to secure an appropriate settlement on behalf of your family. If a settlement cannot be agreed upon, your lawyer may bring your case to court where the jury or judge will decide whether the hospital or doctor is responsible for your child’s injury.

Generally, hospitals and doctors prefer to settle medical malpractice cases instead of risking a large verdict in a trial. Jurors are tolerant of children with disabling conditions, and they may award a large amount. Financial compensation cannot undo the damage caused to your child, but it can be used to pay for therapy equipment, home accommodation and other costs. It can also reduce anxiety and stress that comes from trauma at birth.