Childbirth Injury Law
A good lawyer for birth injuries will review your medical records and seek expert advice. They will also identify rules and procedures that were violated.
Your lawyer will construct a strong case by proving four aspects of your claim. These elements include:
Medical Malpractice
Medical negligence is defined as any action or omission made by a doctor, nurse or any other health care professional which violates 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 nations in the world, has a high proportion of serious and fatal injuries caused by medical negligence during birth.
Patients can sue a medical professional to recover damages if they have committed malpractice. A successful case can offer compensation for past and future medical expenses as well as emotional distress, and pain and suffering. Winning a settlement or verdict will not reverse the harm caused by a medical mistake however, it could provide a family with the tools to help their child live a healthy and happy life despite the consequences of their injury.
To file a lawsuit against a doctor or hospital the family must show that they were injured by the health care professional's deviation from the standard of care and that this deviation directly caused the injuries they sustained. A successful lawsuit requires the assistance of medical experts to prove this fact. Based on the whereabouts of the family, they could face substantive and procedural obstacles in proving the negligence.
A knowledgeable lawyer can help parents determine if a physician or hospital health care provider 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 medical documents and conduct interviews to determine if there is an argument for a claim of medical malpractice.
An attorney can then submit an order to the doctor or hospital's malpractice carrier, which contains an explanation of what transpired and copies of medical records. If the medical provider is unwilling to consider the request or does not provide a fair amount, the family can decide to file a suit. Most malpractice claims settle out of the court. Settlements can provide families financial assistance to pay the cost of treatment as well as other expenses related to a birth injury.
Pharmaceutical Negligence
The pharmaceutical companies that manufacture the drugs owe pregnant women a duty of care in order to ensure that the medication is safe. If drug makers do not meet this duty of care, they could be held responsible for birth injuries that result from their medications. Pharmaceutical negligence claims are based on theories of responsibility for product liability and breach of warranty and negligence in general.
Medical errors during childbirth can cause serious injuries to mothers and infants. If you suspect that your child was injured as a result of an error in medical care during labor and birth, 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 is proving that your obstetrician or other hospital staff members did not fulfill their duties of care. This means that 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 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 mistakes in diagnosing the mother, inadequate treatment of her, surgical mistakes, and failures to perform an emergency c-section when necessary. These medical mistakes can lead to significant injuries for the mother or infant such as brain injury and spinal cord injuries and even loss of limbs.
In many cases the injuries sustained by a mother or her 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 travels through the birth canal prior to the baby's birth. These issues are easy to detect and should be dealt with immediately however sometimes they aren't.
Injuries and deaths caused by medical negligence in childbirth can be devastating for the entire family. They can lead to lifelong disabilities, emotional stress, and financial hardship. An experienced New York birth injury attorney can assist you in getting the compensation you are entitled to.
Hospital Negligence
The time of childbirth is delicate for both the mother and the baby. Any medical errors during the labor and delivery process can cause devastating consequences. For instance, the tiniest delay in delivering oxygen to the newborn's brain could result in cerebral palsy, Erb's palsy, and other long-term issues. Some birth injuries cannot be avoided, but other complications can usually be prevented with prompt and proper medical care.
Our firm is frequently approached by families who have suffered significant, life-altering injuries as a result of carelessness by hospital personnel during the delivery process. In these cases there is a possibility of a lawsuit being filed against the nurses, doctors and hospitals that offered care. The purpose of a lawsuit is to obtain financial compensation that addresses the cost of healthcare as well as long-term treatments and other related expenses.
A claim for hospital negligence begins with filing an official medical malpractice complaint with the appropriate state agency, typically the Office of Patient Safety or the State Medical Board. This is the formal beginning of legal proceedings. Accident Injury Lawyers Claims consists of a thorough written claim as well as a request for proof from healthcare providers, as well as expert opinions.
In a lot of cases of medical negligence during labor and pregnancy, infections are caused by the incorrect use of instruments by health professionals, the failure to detect and treat medical conditions in mothers such as preeclampsia or gestational diabetes, or the improper management of complications like stress on the fetus. In some instances these mistakes can cause Septic shock, which can be fatal for both the mother and baby.
Other cases include severe birth trauma due to an obstetrician's improper use of force during a C-section, failing to detect signs of fetal distress, or improper use of forceps or vacuum extractors. If these injuries happen, they can have lasting consequences, such as mental and physical impairments. In certain instances, these injuries may also lead to wrongful death. In these cases the family's right to pursue an action will be governed by strict legal timeframes called statutes of limitations. Families who suffer injuries will not be compensated for their losses when they fail to file a lawsuit within the timeframe.
Birth Trauma
Hospital negligence or medical malpractice is the reason for a variety of birth injuries. Families deserve fair compensation in the event of future medical expenses as well as loss of earning potential, physical and emotional suffering, and loss of enjoyment of their child's life.
It is important to hire an attorney who is able to prove that the actions of a health care provider fell below the accepted standards of professional care. This requires consulting with experts and looking over medical records in order to discover policies, protocols and procedures that were violated. Witness testimony can be extremely powerful in establishing the quality of treatment as well.
An experienced birth injury lawyer will have a network of medical professionals to evaluate your case and provide opinions on the standards of care in the particular circumstances. They also know the laws and procedural requirements of your state. These elements could have a significant effect on the outcome of your case.
A reputable attorney for birth trauma will also have the resources necessary to file a suit against negligent doctors, hospitals as well as other medical providers. He or she will collaborate with the hospital's insurance company to negotiate an equitable settlement for your family. If a settlement is not reached, your attorney may go to trial, where a judge and jury will decide whether or not the doctor or hospital was the cause of your child's injury.
Generally, hospitals and doctors prefer to settle medical malpractice cases rather than risk a high verdict in a trial. Jurors are compassionate towards children with disabilities and can award a large amount. Financial compensation is not able to repair the damage caused to your child but it can be used to fund therapy, equipment, home accommodations and other costs. It can also reduce the stress and anxiety associated with living with a birth injury.