Childbirth Injury Law
A good birth injury lawyer will review your medical records and seek expert opinions. They will also determine any procedures or policies that were not followed.
Your lawyer will present the following elements of your claim in order to make an argument that is strong. These include:
Medical Malpractice
Medical negligence is any act or omission by an employee, doctor or any other health professional that violates the standard of care for their patient. For birth injuries, it typically refers to a inability to correctly diagnose or treat a birth-related or pregnancy-related condition. Despite being among the most advanced nations in the world, the US still has a troubling rate of fatal and serious injuries resulting from medical negligence during labor and birth.
When a medical professional commits an act of misconduct, their patients can sue for damages. In the event of a successful lawsuit, an injured family can obtain compensation for future and past medical expenses, lost income, emotional distress, pain, and suffering. A settlement or verdict might not be able of repairing the damage caused by a medical error, however, it could provide a family the support they require to help their child lead a healthy and happy life despite their injury.
To sue a doctor or a hospital, a family has to show that they suffered injuries due to the health professional's deviance from the norms of practice and that the deviation directly caused their injuries. A successful claim requires the assistance of medical experts to establish this fact. Depending on where the family lives they could also be confronted with obstacles in the process and in the proof of malpractice.
A skilled lawyer can help parents determine if a physician or hospital health care provider acted in medical negligence during childbirth. A no-cost consultation and thorough assessment of the case is the first step. A qualified attorney will review the medical records and conduct an interview to assess whether there is a legal basis for an action for medical malpractice.
A lawyer may then submit to the malpractice insurance company of the doctor or hospital the demand form that contains an explanation of exactly what transpired as well as copies of medical records. If the medical provider is unwilling to accept the demand or does not offer a fair amount, the family may decide to file a suit. Most malpractice claims are settled out of the court. A settlement can provide financial assistance to families to cover the costs of treatment as well as other expenses associated with birth injuries.
Pharmaceutical Negligence
If pregnant women receive prescription medications or other drugs during their pregnancy, pharmaceutical companies that make the drugs have a duty of care to ensure that the medication is safe to use. When drug manufacturers fail to exercise this obligation of care, they could be held accountable for birth injuries resulting from their drugs. Pharmaceutical negligence claims are based upon theories of liability relating to product liability, breach of warranty and negligence.
Medical malpractice during childbirth may cause serious injuries to mothers and infants. If you suspect that your child was injured as a result of an error in medical care during labor and birth then contact a New York birth injury lawyer immediately to discuss legal options.
In the vast majority of cases, a successful claim for medical malpractice or birth injuries involves showing the obstetrician and any other hospital staff members violated their duties of care. This means they acted in a way that is not in line with a generally accepted standard of medical care in similar circumstances. The lawyer will consult with medical experts to establish the standard and determine whether the defendant's actions were in violation of the standard in your particular circumstances.
Medical negligence can cause birth injuries in several ways, including failures to observe the mother and check for signs of problems. Other instances include misdiagnosis of the mother, inadequate treatment of her, surgical errors and failure to perform an emergency csection when needed. Medical errors can result in severe injuries for the mother or baby such as brain injury, spinal cord 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 passes through the birth canal prior to the birth of the baby. These issues are easy to spot and should be dealt with immediately, but sometimes they aren't.
Medical negligence during childbirth can cause serious injuries and even death. This could be devastating for the family. They can lead to lifelong mental stress, physical injuries, and financial hardship. An experienced New York birth injury attorney can help you obtain the compensation you are entitled to.
Hospital Negligence
Mother and child are at a vulnerable stage during childbirth. Any medical error during labor and delivery can have devastating consequences. For instance, even the tiniest delay in the delivery of oxygen to the newborn's brain could cause cerebral palsy Erb's palsy, or other long-term conditions. Certain birth injuries cannot be avoided, but other complications can usually be avoided by prompt and proper medical care.
Families who suffer life-threatening injuries due to the negligence of hospital staff during birth frequently contact our firm. In these instances it could be possible to file a lawsuit against the nurses and doctors who provided medical care as well as their employer hospitals. The aim of a lawsuit is to seek financial compensation that addresses the costs of medical care as well as long-term treatments and other related expenses.
A claim for hospital negligence begins with filing a medical malpractice claim with the appropriate state agency, usually the Office of Patient Safety or the State Medical Board. This step is the official start of legal proceedings. They comprise a detailed written complaint as well as a request for proof from healthcare professionals, as well as expert medical opinions.
newborn injury lawyer www.accidentinjurylawyers.claims of medical negligence during labor, pregnancy and delivery involve complications caused by a healthcare professional's inadequate use of instruments, inability to recognize and treat medical issues in the mother like gestational diabetes or preeclampsia or mismanaging issues like distress in the fetus. In some cases these errors can lead to septic shock, which can be fatal for both mother and baby.
Other instances involve severe birth trauma as a result of an obstetrician not using enough force during a C section or failing to detect signs of fetal stress or not properly applying forceps or vacuum extraction devices. If these injuries happen and last, they can have permanent effects, such as physical and mental impairments. In some instances, these injuries can cause wrongful death. In these cases, a family's ability to pursue an action will be governed by strict legal deadlines known as statutes of limitation. Failure to submit a lawsuit within this time frame will stop a family who has been injured from receiving the compensation they deserve.
Birth Trauma
Hospital negligence or medical malpractice is the reason for a variety of birth injuries. If this happens families are entitled to fair compensation for the future medical costs of their child as well as lost earnings potential physical suffering and pain, emotional distress and loss of enjoyment of life.
It is essential to have an attorney who understands how to show that a healthcare provider's actions fell below the accepted standards of professional care. This involves consulting with experts and examining medical records to determine the guidelines, protocols and procedures that were not adhered to. Witness testimony can be extremely powerful in establishing the quality of treatment as well.
A skilled birth injury lawyer will have an extensive network of medical professionals to evaluate your case and give opinions on the standard of care for the given circumstances. They also know the laws and procedural requirements of your state. These elements could have a significant impact in the outcome of your case.
A top lawyer for birth trauma will also have the resources necessary to file a lawsuit against negligent hospitals, doctors, and other medical providers. They will work with the insurance company for the hospital to recover an equitable settlement for your family. If no settlement is reached, your lawyer will take your case to court. There, a judge or jury will decide whether the hospital or the doctor is responsible for your child’s injury.
Doctors and hospitals typically settle medical malpractice cases rather than risking a costly verdict in court. Juries are also known to be sympathetic towards children who suffer from disabling ailments and can award a large sum. Although financial compensation cannot undo what happened to your child, it can help pay for therapy, equipment as well as home accommodation and other expenses. It can also help reduce anxiety and stress that comes with dealing with the aftermath of birth injuries.