Childbirth Injury Law

A reputable birth injury lawyer will examine your medical records and obtain expert opinions. They will also identify procedures and policies that were not followed.

Your attorney will demonstrate four elements of your claim in order to make an effective case. These comprise:

Medical Malpractice

Medical negligence is any act or omission committed by the nurse, doctor or other health care provider that does not meet the standards of care for their patient. Birth injuries are typically caused due to a failure to identify or treat a condition that is related to pregnancy or birth. Despite being among the most advanced nations in the world, the US has a high rate of serious and fatal injuries resulting from medical negligence during labor and birth.

Patients can sue a medical professional to recover damages if they commit malpractice. In a successful claim the family affected 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 might not be able of repairing the harm caused by a medical error, however, it could provide families with the financial resources needed to ensure that their child has an active and healthy life despite their injury claims lawyers.

To pursue a doctor or hospital, a family has to prove they were injured by the health professional's deviance from the norms of practice and that the deviation directly caused their injuries. To prove this medical experts are required to prove a case. Depending on the location where the family resides, they may also face procedural and substantive obstacles to the proof of malpractice.

A skilled lawyer can assist parents determine if a physician, hospital, or other health care provider acted in medical malpractice during childbirth. The first step is to schedule a no-cost consultation and thorough analysis of the case. An experienced attorney will go over the medical records and conduct interviews to determine whether there is a legitimate case for a medical malpractice claim.

An attorney can then present an order to the doctor or hospital's malpractice insurer, which will include an explanation of what transpired and copies of medical records. If the medical provider refuses to consider the request or doesn't offer a reasonable amount, the family could decide to file a lawsuit. Most malpractice claims settle out of court. A settlement can offer financial aid families to pay the cost of treatment and other losses associated with birth injuries.

Pharmaceutical Negligence

When pregnant women are given prescription drugs or other medications during their pregnancy, pharmaceutical companies that manufacture the drugs have an obligation of care to ensure the medication is safe to use. If the drug companies do not meet this obligation of care, they may be held accountable for birth injuries that result from their drugs. Pharmaceutical negligence claims are based upon theories of liability relating to product liability, breaching warranty, and negligence.

Medical malpractice during childbirth could cause life-altering injuries to infants and mothers. If you suspect your child suffered harm due to a medical mistake during the labor and birth process, contact an experienced New York birth injury attorney immediately to discuss your legal options.

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

There are a variety of medical malpractice that could lead to birth injuries, such as failure to check the mother for signs of complications, misdiagnosis, improper treatment, surgical mistakes and the inability to perform an emergency C section when required. These medical errors can lead to serious injuries to the mother or child, including brain damage, spinal injuries, and even loss of limbs.

In a majority of instances, injuries to baby or mother result from an umbilical cord issue. Those problems include cord prolapse, where the cord is wrapped around the neck and cord entanglement when the cord moves through the birth canal before the baby is born. These problems can be easily detected and must be addressed as soon as possible, but they can sometimes go unnoticed.

The consequences of injuries and deaths resulting from medical negligence in childbirth can be devastating to the entire family. They can result in permanent disabilities, emotional trauma as well as financial hardship. An experienced New York birth injury attorney can assist you in obtaining the compensation you deserve.

Hospital Negligence

Both mother and child are vulnerable time during childbirth. Any medical error during labor or delivery could result in devastating consequences. Even the tiniest delay in the delivery of oxygen to the brain of a newborn baby can lead to cerebral palsy or Erb's Palsy. While some birth injuries are unavoidable, other complications are preventable with prompt and proper medical attention.

Families who suffer life-threatening injuries as a result of the negligence of hospital staff during birth often contact our firm. In these instances, a lawsuit may be brought against the nurses, doctors and hospitals that provided treatment. This lawsuit seeks financial compensation for the costs of long-term treatment, care as well as other expenses.

A hospital negligence claim starts with an medical malpractice report that is filed with the appropriate state agency. This is usually the Office of Patient Safety, or the State Medical Board. This is the formal start of legal proceedings. It includes a detailed written claim, a request for documentation from healthcare providers, as well as expert opinions.

Many cases of medical negligence during pregnancy, labor and delivery are characterized by complications caused by a healthcare professional's inadequate use of instruments, failure to recognize and treat maternal medical issues like preeclampsia or gestational diabetes or mismanaging the complication of distress of the fetus. In certain instances, these errors could lead to Septic shock, which can be fatal for both mother and baby.

Other cases involve severe birth trauma caused by an obstetrician's insufficient use of force during a C-section, failing to detect signs of fetal distress, or the incorrect use of vacuum extractors or forceps. These injuries can cause long-lasting consequences that include mental and physical impairments. In certain instances the injuries could cause wrongful death. In such cases the ability of a family to pursue a lawsuit will be governed by strict legal time frames known as statutes of limitation. Failure to submit a lawsuit within this time frame will prevent an injured family from receiving the amount of compensation they are entitled to.

Birth Trauma

Medical malpractice or hospital negligence is responsible for many birth injuries. If this happens, families deserve fair compensation for their child's future medical expenses, lost earnings potential, physical suffering and suffering emotional pain and loss of enjoyment life.

It is essential to have an attorney who understands how to prove that a health care provider's actions fell below the accepted standard of professional care. This involves consulting with experts and examining medical records to discover policies, protocols and procedures that were not adhered to. Witness testimony can be extremely powerful in establishing the quality of care.

A birth injury lawyer with years of experience will have a network that includes medical professionals who can analyze your case and offer opinions on the best treatment in the given circumstances. He or she will also be aware of the statutes of limitations and other procedural requirements in your state. These elements can have a major impact on the outcome of your claim.

A top birth trauma lawyer injury near me has the capacity to make a claim against negligent hospitals, doctors and other medical professionals. He or she will work with the hospital's insurance company to recover an equitable settlement for your family. If no settlement is reached, your lawyer will bring your case to court. There, the judge or jury will decide whether the hospital or doctor is accountable for your child's injury.

Doctors and hospitals usually settle medical malpractice claims, rather than risking a high verdict in court. Moreover, juries tend to be sympathetic towards children with disabling conditions and may give a substantial amount. Although financial compensation cannot undo the harm that your child suffered, it can help pay for equipment, therapies or home accommodations, among other expenses. It can also reduce the stress and anxiety associated with living with birth injuries.