Childbirth Injury Law
A reputable lawyer for birth injuries will examine your medical records and seek expert opinions. They will also be able to identify any policies or procedures that were broken.
Your attorney will build a strong case by proving four aspects of your claim. These comprise:
Medical Malpractice
Medical negligence is defined as any act or omission by a doctor or nurse or any other health care professional that is in violation of the standard treatment they provide their patients. Birth injuries are typically caused by the failure to recognize or treat a medical condition related to pregnancy or birth. The US, although it is among the most advanced countries in the world, has a high proportion of serious and deadly injuries caused by medical malpractice during delivery.
Patients may sue a medical professional for damages if they are negligent. A successful claim can provide compensation for past and future medical costs and lost income, as well as emotional distress, and pain and suffering. Winning a settlement or verdict does not undo the harm caused by a medical error however, it could give a family tools to help their child live a happy and healthy life despite the effects of their injury.
To bring a lawsuit against a hospital or doctor, the family must prove that they were injured by the health care professional's departure from the standards of care and that the deviation directly caused their injuries. To prove this, medical experts are needed to support a successful claim. Depending on the location where the family resides there could be substantive and procedural obstacles to the proof of malpractice.
A skilled lawyer can assist parents determine if a physician, hospital, or other health care provider has committed medical error during childbirth. A no-cost consultation and thorough assessment of the case is the first step. An experienced attorney will go over medical documents and conduct interviews to determine whether there is a case for an action for medical malpractice.
An attorney can then submit an order to the hospital's doctor or malpractice insurer, which will include an explanation of what transpired and copies of medical documents. If the medical professional refuses to accept the demand or a fair amount is not offered the family can decide to file a lawsuit. The majority of malpractice cases are settled out of court. Settlements 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, the pharmaceutical companies that manufacture the drugs have an obligation of care to make sure that the medication is safe for use. If drug manufacturers do not meet this obligation of care, they may be held accountable for birth injuries caused by their products. Pharmaceutical negligence claims are based upon theories of liability relating to product liability, breach of warranty and negligence.
Medical malpractice during childbirth could cause life-altering injuries to infants and mothers. If you suspect that your child was injured because of an error in medical care during labor and birth, contact an New York birth injury lawyer immediately to discuss legal options.
In the vast majority of cases, a successful claim for medical malpractice or birth injury requires proving the obstetrician and any other hospital personnel violated their obligations to care. This means they acted in a way that falls below a generally accepted standard of medical practice in similar circumstances. The attorney will consult with medical experts to establish the standards and determine if the defendant's actions fell below the standard in your particular circumstances.
There are several types of medical malpractice that could result in birth injuries, such as inability to monitor the mother for signs of complications, misdiagnosis ineffective treatment, surgical mistakes, and failure to perform an emergency C section when required. 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 sustained by a mother or baby result from an issue with the umbilical cord. Cord prolapse happens when the cord is wrapped around the neck. Cord entanglement occurs when the cord is inserted into the birth canal prior to the birth of the baby. These issues are easily identified and must be addressed as soon as possible, but they can sometimes go unnoticed.
Medical negligence during childbirth can cause serious injuries, and even death. This can be devastating to 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 deserve.
Hospital Negligence
Both mother and child are vulnerable moment during the birth of a child. Any medical error during the labor and delivery process can cause devastating consequences. For example, the smallest delay in the delivery of oxygen to the newborn's brain could cause cerebral palsy Erb's palsy, and other long-term issues. While some birth injuries are inevitable however, other complications can be prevented with timely and appropriate medical treatment.
Our firm is often called upon by families who have suffered life-altering injuries as a result of carelessness by hospital personnel during the delivery process. In these instances it is possible to bring a lawsuit against the nurses and doctors who provided care and their employer hospitals. The aim of lawsuits is to obtain financial compensation that addresses the cost of healthcare or long-term treatment and other related expenses.
A hospital negligence claim starts with the filing of a medical malpractice claim with the appropriate state agency. This is usually the Office of Patient Safety, or the State Medical Board. This is the official start of legal proceedings. The complaint must be detailed written claim as well as a request for proof by healthcare professionals, and expert opinions.
In a lot of cases of medical negligence during labor and pregnancy the cause of infection is the incorrect use of medical instruments by health professionals, the failure to detect and treat medical problems in mothers such as preeclampsia or gestational diabetic, or the improper management of complications like fetal stress. These errors can lead to septic-shock, which could be fatal for both mother and child.
Other instances are characterized by severe birth traumas caused by an obstetrician's inadequate use of force during a C-section, or failing to spot signs of distress in the fetus or the improper application of vacuum extractors or forceps. When these injuries occur they may have long-lasting effects, such as physical and mental impairments. In some instances the injuries could result in wrongful deaths. In these instances the family's right to file an action will be governed by strict legal deadlines known as statutes of limitations. Failure to start a lawsuit within this timeframe will prevent an injured family from receiving the justice they deserve.
Birth Trauma
Many birth injuries are caused by negligence or medical malpractice at the hospital. When this happens families should be compensated fairly for their child's future medical expenses as well as lost earnings potential physical suffering and suffering emotional stress and loss of enjoyment of life.
It is essential to employ an attorney who can to prove that the actions of a healthcare professional fell below the accepted standards of professional care. This involves consulting with experts and reviewing medical records to discover policies, protocols and procedures that were not followed. Witness testimony is also powerful in establishing substandard treatment.
A birth injury lawyer with experience will have a network of includes medical professionals who can review your case and give opinions on the best treatment under the circumstances. birth injury lawyer cost www.accidentinjurylawyers.claims will also know about the statutes of limitations as well as other procedural requirements in your state. These factors can have a major impact in the outcome of your claim.
A top birth trauma lawyer will also have the resources to file a lawsuit against negligent physicians, hospitals and other medical professionals. They will collaborate with the insurer of the hospital to negotiate an appropriate settlement for your family. If a settlement is not reached, your lawyer can go to trial where jurors and judges will decide whether or not the doctor or hospital was responsible for the child's injuries.
Generally, hospitals and doctors prefer to settle medical malpractice cases rather than risk a high verdict at trial. Moreover, juries tend to be sympathetic towards children with disabling conditions and may award a large sum. Financial compensation is not able to repair the damage done to your child, but it can be used to fund therapy, equipment, home accommodations, and other expenses. It can also ease stress and anxiety that come with trauma at birth.