Childbirth Injury Law
A reputable lawyer for birth injuries will review your medical records and get expert opinions. They will also determine the procedures and policies that were not adhered to.
Your lawyer will construct a strong case by proving four components of your claim. These include:
Medical Malpractice
Medical negligence refers to any act or omission of a doctor, nurse or other health care provider 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. Despite being among the most advanced nations in the world however, the US is still plagued by a high rate of serious and fatal injuries caused by medical negligence during labor and birth.
Patients may sue a medical professional to recover damages if they are negligent. 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. A settlement or verdict does not undo the harm caused by a medical mistake, but it may give a family the tools to help their child lead a healthy and happy life despite the consequences of their injury.
To sue a doctor or a hospital, the family must demonstrate that they suffered injury due to the health professional's deviation from the standard of practice and that the deviation directly led to their injuries. To prove this medical experts are required to prove the case. Depending on where the family is located they could also be confronted with obstacles in the process and in finding out if they committed a crime.
A skilled lawyer can help parents determine if a doctor, hospital, or other health care provider acted in medical error during childbirth. The first step is a free consultation and a thorough assessment of the situation. A licensed attorney will examine the medical records and conduct interviews to determine if there is a legal basis for an action for medical malpractice.
A lawyer could then send to the malpractice insurer of the doctor or hospital a demand package that contains an explanation of exactly what happened, and copies of medical documents. If the medical professional refuses to accept the demand, or a suitable amount is not provided the family may decide to file an action. The majority of malpractice cases are settled outside of the court. A settlement could provide financial aid families to pay the cost of treatment and other losses that are associated with birth injuries.
Pharmaceutical Negligence
The pharmaceutical companies that produce the drugs owe pregnant women a duty of care to ensure that the drug is safe. If the drug makers do not meet this duty of care they may be held accountable for birth injuries resulting from their drugs. Pharmaceutical negligence claims are based on theories of liability relating to product liability, breaching warranty and negligence.
Medical malpractice during childbirth could cause life-changing injuries to infants and mothers. If birth injury litigation process suspect that your child suffered harm due to a medical error during the labor and delivery process, contact an experienced New York birth injury attorney as soon as possible to discuss your legal options.
In the vast majority of cases, a successful claim for medical malpractice or birth injuries involves showing that your obstetrician and other hospital personnel violated their duty of care. This means they acted in a way that fell below a standard of medical practice that is generally accepted in similar circumstances. The attorney will consult medical experts to determine the standard, and then determine if the defendant acted under this standard in your particular situation.
There are several types of medical negligence that can result in birth injuries, such as inability to check the mother for signs of complications, misdiagnosis, improper treatment, surgical mistakes and the inability to perform an emergency C-section when necessary. Medical errors could result in serious injuries for the infant or mother including brain damage, spinal cord injuries, and even loss of limbs.
In many instances, the injuries sustained by a mother or baby result from problems with the umbilical cord. Cord prolapse occurs when the cord is wrapped around the neck. Cord entanglement occurs when the cord is inserted into the birth canal prior to the baby's birth. These issues are easily identified and should be addressed as quickly as possible, but they are sometimes overlooked.
A medical error during childbirth could cause serious injuries and even death. This can be devastating for the family. They can lead to lifelong disabilities, emotional stress and financial hardship. A New York birth injury lawyer can assist you in obtaining the amount of compensation you deserve.
Hospital Negligence
Childbirth is a delicate time for both the mother and the baby. Any medical error during the delivery process could result in devastating consequences. For instance, even the tiniest delay in the delivery of oxygen to a newborn's brain could result in cerebral palsy, Erb's palsy, and other long-term issues. Some birth injuries cannot be avoided, however other complications can usually be prevented by timely and appropriate medical attention.
Our firm is often approached by families who've suffered significant, life-altering injuries as a result of carelessness by hospital personnel during the delivery process. In these cases it could be possible to bring a suit against the nurses and doctors who provided medical care, as well as their employer hospitals. The purpose of lawsuits is to obtain an amount of money to cover the costs of care as well as long-term treatments and other associated expenses.
A hospital negligence claim starts with a medical malpractice report filed with the appropriate state agency. This is typically the Office of Patient Safety, or the State Medical Board. This is the official start of legal proceedings. It includes a detailed written claim and a request for evidence by healthcare professionals, and expert opinions.
In a lot of cases of medical negligence during labor and pregnancy the cause of infection is the improper use of instruments by medical professionals, the inability to detect and treat medical problems in mothers such as preeclampsia or gestational diabetic, or ineffective management of complications such as fetal stress. These mistakes can result in septic-shock that can be fatal to both mother and child.
Other instances involve severe birth trauma due to an obstetrician not using enough force during a C section, failing recognize the signs of fetal stress or not properly applying forceps or vacuum extraction devices. When these injuries occur, they can have lasting consequences, including physical and mental impairments. In some cases, such injuries may also lead to an unjust death. In these cases the ability of a family to pursue an action will be governed by strict legal timeframes called statutes of limitations. Families that suffer injury will not be able to get the compensation they deserve when they fail to file a lawsuit within the stipulated timeframe.
Birth Trauma
Many birth injuries are the result of negligence or medical malpractice at the hospital. If this happens, families deserve fair compensation for the future medical costs of their child as well as loss of earning potential physical pain and suffering emotional pain and loss of enjoyment life.
It is important to hire an attorney who can to prove that the actions of a healthcare professional were not in line with the accepted standards of professional care. This usually involves consulting experts and reviewing medical records to find the policies, procedures and protocols that were violated. Witness testimony can be a powerful tool in establishing poor care as well.
A skilled 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 laws and procedural requirements of your state. These factors can have a major impact on the outcome of your claim.
A top lawyer for birth trauma will also have the resources to bring a lawsuit against negligent doctors, hospitals and other medical professionals. They will collaborate with the insurance company of the hospital to secure an equitable settlement for your family. If a settlement is not reached, your lawyer can bring your case to court where the judge or jury will decide if the doctor or hospital is accountable for your child's injury.
Typically, doctors and hospitals prefer to settle medical malpractice cases rather than risk a costly verdict in a trial. Jurors are compassionate towards children suffering from disabilities, and they may give a substantial amount. The financial compensation won't reverse the damage done to your child but it can be used to fund therapy, equipment, home accommodations, and other expenses. It also helps reduce anxiety and stress associated with dealing with the aftermath of a birth injury.