Childbirth Injury Law
A reputable birth injury lawyer will look over your medical records and obtain expert opinions. They will also determine any procedures or policies that were broken.
Your attorney will create an argument that is strong by proving four aspects of your claim. These elements comprise:
Medical Malpractice
Medical negligence is any act or omission committed by a doctor, nurse, or other health care provider that violates the standard of care they provide to their patient. In the case of birth injuries, this typically is a inability to correctly diagnose or treat a birth or pregnancy-related disease. Despite being among the world's most advanced countries however, the US is still plagued by a high rate of fatal and serious injuries resulting from medical malpractice during labor and delivery.
If a medical professional is found guilty of an act of negligence the patients of the patient can seek damages. If a lawsuit is successful the family affected could be awarded compensation for future and past medical expenses and lost income, as well as emotional distress, pain and suffering. A settlement or verdict might not be able to undo the harm caused by a medical mistake, however, it can give a family the support they require to help their child lead a healthy and happy life despite their injury.
In order to file a lawsuit against a hospital or doctor, the family must prove that they were injured by the health care professional's departure from the standard of care and that this decision directly led to the injuries they sustained. To prove this, medical experts are needed to prove the case. Based on the location of the family, they may face both substantive and procedural hurdles in proving the malpractice.
A lawyer with experience can help parents determine whether a doctor or health care provider has committed medical malpractice during the birth of their child. The first step is a free consultation and thorough analysis of the case. A qualified attorney will review the medical records and conduct interviews to determine if there is a legal basis for an action for medical malpractice.
An attorney may then send a demand package to the hospital's doctor or malpractice insurer, which will include the details of what happened and copies of medical documents. If the medical provider is unwilling to accept the demand or doesn't offer a fair amount, the family can decide to file a lawsuit. Most malpractice claims are settled out of court. Settlements can provide families financial aid to cover the cost of treatment as well as other expenses related to an injury to the birth.
Pharmaceutical Negligence
The pharmaceutical companies that manufacture the drugs are responsible to pregnant women with a duty of care to ensure that the drug is safe. If the drug companies fail to fulfill this obligation of care, they could be held liable for birth injuries that result from their drugs. Pharmaceutical negligence claims are based on theories of liability for product liability and breach of warranty and negligence in general.
Medical malpractice during childbirth could cause life-altering injuries to infants and mothers. If you suspect that your child was injured because of a medical mistake during labor and birth and you suspect that your child was injured, contact an New York birth injury lawyer immediately to discuss legal options.
In the majority of cases, a successful claim for medical malpractice or birth injury involves showing the obstetrician and any other hospital personnel violated their duty of care. This means that they performed their duties in a manner that fell below the standard of medical care that is generally accepted in similar situations. 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 result in birth injuries in several ways, including the failure to examine the mother and check for signs of problems. Other examples include mistaken diagnosis of the mother, inadequate treatment of her, surgical mistakes, and failures to perform an emergency c-section when necessary. These medical mistakes can result in serious injuries to the mother or child such as brain damage, spinal injuries, and loss of limbs.
In a majority of instances, injuries to mother or baby are caused by umbilical cord problems. Those problems include cord prolapse, where the cord is tangled around the neck and cord entanglement when the cord passes through the birth canal prior to the baby is born. These problems are easily spotted and should be addressed as soon as possible, but they are often overlooked.
Deaths and injuries caused by medical negligence in childbirth can be devastating to families. They can lead to lifelong disabilities, emotional distress as well as financial hardship. An experienced New York birth injury attorney can assist you in obtaining the compensation you deserve.
Hospital Negligence
Mother and child are at a vulnerable moment during the birth of a child. Any medical mistakes made during labor and delivery can have devastating consequences. Even the tiniest delay in the delivery of oxygen to the newborn brain could cause Erb's or cerebral palsy. Certain birth injuries cannot be avoided, but other complications can be prevented by timely and adequate medical attention.
Our firm is frequently approached by families who have suffered significant, life-altering injuries caused by the negligence of hospital personnel during the delivery process. In these cases, a lawsuit may be brought against the doctors, nurses and hospitals that provided medical care. The purpose of a lawsuit is to obtain financial compensation to cover the costs of medical care or long-term treatment and other associated expenses.
A claim for hospital negligence starts by filing a medical malpractice claim with the appropriate state agency, usually the Office of Patient Safety or the State Medical Board. This is the formal beginning of legal proceedings. It includes a detailed written claim, a request for documentation from healthcare providers, as well as expert opinions.
In many cases of medical negligence during pregnancy and labor, infections are caused by the improper use of medical instruments by health professionals, the failure to detect and treat medical issues in mothers such as preeclampsia or gestational diabetic, or ineffective management of complications such as fetal stress. In certain instances these errors could lead to Septic shock, which can be fatal for both the mother and baby.
Other cases include severe birth trauma due to an obstetrician not using enough force during a C-section or failing to recognize signs of fetal stress, or using forceps in a way that is not appropriate, or vacuum extraction devices. These injuries can have long-lasting consequences, including physical and mental impairments. In some instances, such injuries may also lead to an unjust death. In these situations families will be restricted in their ability to file a lawsuit due to strict legal deadlines, also known as statutes. Failure to start a lawsuit within this timeframe will stop a family who has been injured from receiving the justice they deserve.
Birth Trauma
Medical malpractice or hospital negligence is responsible for many birth injuries. In the event of this families are entitled to fair compensation for their child's future medical expenses as well as loss of earning potential, physical suffering and pain emotional stress and loss of enjoyment life.
It is important to have an attorney who knows how to demonstrate that a health care provider's actions fell below the standards of professional care. This usually involves consulting experts and looking over medical records to find guidelines, procedures, and policies that were not adhered to. Witness testimony can be extremely powerful in establishing substandard treatment.
A birth injury lawyer with years of experience has a network that includes medical professionals who will analyze your case and offer opinions on the standard care under the circumstances. He or she also is aware of the statutes and procedural rules of your state. These elements can have a major impact on the outcome of your claim.
A top birth trauma lawyer will also have the resources to bring a lawsuit against negligent physicians, hospitals and other medical professionals. medical malpractice lawyer will collaborate with the hospital's insurance company to secure a fair settlement for your family. If a settlement cannot be reached, your lawyer can bring your case to court. There, the judge or jury will decide whether the hospital or doctor is accountable for your child's injury.
Typically, doctors and hospitals prefer to settle medical malpractice cases rather than risk a costly verdict at trial. Jurors are sympathetic to children suffering from disabilities and may give a substantial amount. Although financial compensation cannot undo the harm that your child suffered however, it can be used to pay for therapies, equipment or home accommodations, among other expenses. It can also reduce anxiety and stress that can come from trauma at birth.