Childbirth Injury Law
A reputable birth injury lawyer will examine your medical records and seek expert opinions. They will also determine the policies and procedures that were not followed.
Your lawyer will present the following elements of your claim to create a strong case. These comprise:
Medical Malpractice
Medical negligence is defined as any action or omission made by a doctor or nurse or any other health care professional which violates the standard care provided to their patient. When it comes to birth injuries, this usually refers to a inability to correctly diagnose or treat a birth-related or pregnancy-related condition. Despite being among the world's most advanced nations, the US still has a troubling rate of fatal and serious injuries caused by medical negligence during labor and delivery.
If a medical professional is found guilty of an act of negligence and their patients are able to sue for damages. In the event of a successful lawsuit, an injured family can obtain compensation for past and future medical expenses as well as lost income, emotional distress, pain and suffering. A settlement or verdict might not be able to undo the damage caused by a medical error, but it can provide families with the financial resources needed to ensure their child lives a happy and healthy life despite their injury.
To pursue a doctor or hospital, the family must prove they were injured by the health professional's deviation from the accepted standard of care and that the deviation directly led to the injuries. To prove this, medical experts are needed to prove the case. Depending on the location of the family members, they may face procedural and substantive barriers to proving negligence.
A skilled lawyer can assist parents determine if a doctor, hospital, or other health care provider has committed medical negligence during childbirth. A no-cost consultation as well as a thorough analysis of the situation is the first step. A qualified attorney will review the medical records and conduct an interview to determine if there is a valid case for an action for medical malpractice.
An attorney can then submit an order to the doctor or hospital's malpractice insurance company, which includes the details of what happened and copies of medical records. If the medical provider refuses to accept the demand or doesn't provide a fair amount, the family may decide to file a suit. The majority of malpractice cases are settled out of court. A settlement can provide financial assistance families to pay the costs of treatment as well as other losses that are associated with birth injuries.
Pharmaceutical Negligence
The pharmaceutical companies that make the drugs are responsible to pregnant women with a duty of care to ensure that the drug is safe. If the drug makers do not meet this duty of care they could be held accountable for birth injuries resulting from their drugs. Pharmaceutical negligence claims are based on theories of responsibility for product liability, breach of warranty, and negligence per se.
Medical malpractice during childbirth could cause life-altering injuries for infants and mothers. If you suspect that your child has suffered injuries because of a medical error during the labor and delivery process, consult a skilled New York birth injury attorney as soon as possible to discuss your legal options.
In the vast majority of cases a successful claim of birth injuries or medical malpractice will require you to prove that your obstetrician did not fulfill his duty of care. This means that they did something that fell below the standard of medical care that is generally accepted in similar circumstances. The lawyer will consult with medical experts to establish the standards and determine if the defendant's actions were in violation of the standard in your particular circumstances.
Medical negligence can lead to birth injuries in many ways, including failures to monitor the mother and search for signs of problems. Other instances include mistaken diagnosis of the mother, improper treatment of her, surgical errors and failure to perform an emergency c-section if necessary. Medical errors could result in serious injuries to the mother or baby, such as brain damage or spinal cord injuries and loss of limbs.
In many instances, the injuries sustained by a mother or her baby are the result of an issue with the umbilical cord. Cord prolapse occurs when the cord is wrapped around the neck. Cord entanglement happens when the cord is inserted into the birth canal prior to the baby's birth. These problems can be easily detected and must be addressed as soon as possible, but they are often overlooked.
The negligence of a doctor during childbirth could cause serious injuries, and even death. This can be devastating to families. They can lead to lifelong mental stress, physical injuries and financial hardship. A New York birth injury lawyer can assist you in obtaining the justice you deserve.
Hospital Negligence
Childbirth is a delicate time for both the mother and baby. Any medical mistakes made during labor or delivery could cause devastating harm. For instance, even the tiniest delay in the delivery of oxygen to the brain of a newborn can cause cerebral palsy, Erb's palsy, or other long-term illnesses. While some birth injuries are inevitable but other issues can be avoided with prompt and appropriate medical treatment.
Our firm is often approached by families who've suffered serious, life-altering injuries as a result of carelessness by hospital staff during the birth process. In these instances, a lawsuit may be brought against the nurses, doctors and hospitals that offered treatment. The purpose of a lawsuit is to seek financial compensation to cover the costs of medical care 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 typically the Office of Patient Safety, or the State Medical Board. This step is the official start of legal proceedings. These comprise a detailed written complaint, a request for documentation from healthcare providers, and expert medical opinions.
Many cases involving medical negligence during pregnancy, labor and delivery involve infections caused by medical professionals' inadequate use of instruments, failure to detect and treat maternal medical issues such as preeclampsia and gestational diabetes or mismanaging the complication of distress of the fetus. In some instances these mistakes can cause Septic shock, which can be deadly for both mother and baby.
Other cases include severe birth trauma caused by an obstetrician not using enough force during a C-section and failing to recognize signs of fetal stress or not properly applying forceps or vacuum extraction devices. When these injuries occur, they can have lasting consequences, such as mental and physical impairments. In some cases the injuries could cause wrongful death. In these instances the family is limited in their ability to file a lawsuit within strict legal deadlines known as statutes. Failure to file a lawsuit within the timeframe will stop a family who has been injured from receiving the compensation they deserve.
Birth Trauma
Many birth injuries are caused by negligence or medical malpractice at the hospital. Families should be compensated fairly when this happens, for future medical expenses, loss of earning potential, emotional and physical suffering, and loss of enjoyment of their child's life.
It is important to hire an attorney who knows how to demonstrate that the actions of a health care provider did not meet the standards of professional care. This involves consulting with experts and reviewing medical records to determine the guidelines, protocols and procedures that were not followed. Witness testimony can be extremely powerful in establishing the quality of care as well.
A birth injury lawyer with experience has a network that includes medical professionals who will analyze your case and offer opinions on the best treatment in the given circumstances. He or she also is aware of the statutes and procedural requirements of your state. These factors could have a significant effect on the outcome of your case.
A reputable attorney for birth trauma will have the resources to file a suit against negligent doctors, hospitals, and other medical providers. They will work with the insurance company for the hospital to negotiate an appropriate settlement for your family. If a settlement can't be reached, your lawyer can take your case to trial where a judge and jury will decide whether or not the hospital or doctor was responsible for the child's injuries.
Typically, doctors and hospitals prefer to settle medical malpractice cases instead of risking a large verdict at trial. birth injury lawsuit are compassionate towards children suffering from disabilities, and they may award a large amount. Financial compensation is not able to repair the damage done to your child, but it can be used to pay for therapy equipment, home accommodations, and other expenses. It also helps reduce anxiety and stress that comes with living with an injury to the birth.