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Childbirth Injury Law

A reputable birth injury lawyer will review your medical records and seek expert opinions. They will also be able to identify any policies or procedures that were not followed.

Your attorney will build a strong case by proving four elements of your claim. These include:

Medical Malpractice

Medical negligence is defined as an act or omission committed by a doctor, nurse or other health care provider which violates the standard treatment they provide their patients. When it comes to birth injury lawyer cost injuries, this typically refers to a failure to properly diagnose or treat a birth-related or pregnancy-related condition. The US, even though it is among the most advanced nations in the world, has a high percentage of serious and fatal injuries resulting from medical malpractice during birth.

If a medical professional is found guilty of an act of negligence and their patients are able to seek damages. If a lawsuit is successful the family of the victim 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 may not be able to undo the damage caused by a medical error, however, it could provide families with the financial resources needed to help their child lead a happy and healthy life despite their injury.

To file a lawsuit against a hospital or doctor the family must demonstrate that they were injured by the health care professional's deviation from the standard of care and that this departure directly led to their injuries. A successful lawsuit requires the help of medical experts in proving this fact. Depending on the location where the family resides, they may also face substantive and procedural obstacles to proving malpractice.

A knowledgeable lawyer can help parents determine if a physician or hospital health care provider committed medical malpractice during childbirth. The first step is a no-cost consultation and a thorough assessment of the case. A licensed attorney will examine the medical records and conduct an interview to determine if there is a legitimate case for a medical malpractice claim.

A lawyer may then submit to the malpractice insurer of the hospital or doctor a demand package that contains a statement about exactly what transpired along with copies of medical documents. If the medical provider is unwilling to accept the demand or refuses to offer a reasonable amount, the family could decide to file a suit. Most malpractice cases settle out of the court. Settlements can offer financial aid to families to pay for the cost of treatment and other losses that are associated with an injury to the birth.

Pharmaceutical Negligence

When pregnant women are given prescription drugs or other medications during their pregnancies, the pharmaceutical companies that make those drugs owe them a duty of care to make sure that the medication is safe to use. When drug manufacturers do not meet this obligation of care, they can be held accountable for birth injuries that result from their medications. Pharmaceutical negligence claims are based upon theories of liability related to product liability, breach of warranty, and negligence.

Medical malpractice during childbirth can cause life-altering injuries to infants and mothers. If you suspect that your child suffered neonatal injury lawyer due to a medical error during the labor and delivery 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 that your obstetrician or other hospital personnel violated their duties of care. This means they acted in a manner that is not in line with a generally accepted standard of medical care in similar circumstances. The attorney will consult with medical experts to establish the standards and determine if the defendant's actions were in violation of this standard in your specific circumstances.

Medical negligence can lead to birth injuries in many ways, including failures to examine the mother and look for signs of complications. Other examples include mistakes in diagnosing the mother, improper treatment of her, surgical errors and failure to perform an emergency csection when needed. Medical errors can result in severe injuries for the mother or infant birth injury attorney including brain damage and spinal cord injuries and loss of limbs.

In many instances, injuries to a mother or baby are caused by an umbilical cord problem. These issues include cord prolapse, where the cord is tangled around the neck, and cord entanglement, when the cord passes through the board-certified birth injury lawyer canal before the baby is born. These problems can be easily detected and should be addressed as quickly as possible, however, they are sometimes overlooked.

The negligence of a doctor during childbirth could result in serious injuries or even death. This can be devastating to families. They can lead to lifelong mental and physical disabilities and financial hardship. A skilled New York birth injury attorney can help you obtain the compensation you deserve.

Hospital Negligence

Mother and child are at a vulnerable moment during the birth of a child. Any medical mistakes in the delivery process could have devastating effects. Even the tiniest delay in oxygen delivery to a newborn brain can lead to cerebral palsy or Erb's Palsy. While certain Specialized Birth Injury Lawyers injuries are inevitable but other issues are preventable with prompt and proper medical attention.

Families who have suffered life-altering injuries as a result of the negligence of hospital staff during birth often contact our firm. In these cases, it may be possible to bring a suit against the nurses and doctors who provided care as well as their employer hospitals. The purpose of a lawsuit is to seek financial compensation to cover the cost of healthcare as well as long-term treatments 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 is the formal beginning of legal proceedings. The complaint must be detailed written claim as well as a request for proof from healthcare providers, as well as expert opinions.

In many instances of medical negligence during labor and pregnancy, infections are caused by the incorrect use of instruments by healthcare professionals, the failure to recognize and treat medical issues in mothers like preeclampsia and gestational diabetes, or the mismanagement of complications like stress on the fetus. These errors can sometimes lead to septic-shock, which could be fatal for both mother and child.

Other cases include severe birth trauma due to an obstetrician's improper use of force during a C section, failing to spot signs of distress in the fetus or the incorrect use of vacuum extractors or forceps. When these injuries occur, they can have lasting consequences, including mental and physical impairments. In certain instances, these injuries may also lead to an unjust death. In these instances the ability of a family to file a lawsuit will be governed by strict legal deadlines known as statutes of limitation. Failure to start a lawsuit within this time frame will stop a family who has been injured from receiving the compensation they deserve.

Birth Trauma

Many birth injuries are the result of negligence or medical malpractice at the hospital. Families should be compensated fairly when this happens, for future medical expenses, loss of earning potential, physical and emotional pain and suffering, and the loss of enjoyment their child's life.

It is important to hire an attorney who is able to demonstrate that the actions of a health professional were not in line with the accepted standards of professional care. This often requires consulting with experts and examining medical records to find the policies, procedures and protocols that were not adhered to. Witness testimony can be powerful in establishing substandard medical care, too.

A birth injury lawyer with experience will have a network of includes medical professionals who will examine your case and provide opinions on the appropriate care in the particular circumstances. The lawyer will also be aware of the statutes of limitations and other requirements for procedural procedures in your state. These aspects can make a significant difference in the outcome of your claim.

A reputable birth injury lawyers attorney for birth trauma will also have the resources necessary to bring a lawsuit against negligent doctors, hospitals, and other medical providers. They will work with the hospital's insurer to negotiate a fair settlement on behalf of your family. If a settlement cannot be reached, your lawyer can bring your case to court where a judge or jury will decide whether the hospital or the doctor is accountable for your child's injury.

Hospitals and doctors usually settle medical malpractice cases rather than risking a large verdict in court. Jurors are tolerant of children with disabling conditions and can decide to award a substantial sum. While financial compensation won't reverse the harm that your child suffered however, it can be used to pay for equipment, therapies or home accommodations, among other expenses. It can also reduce anxiety and stress that can come from the trauma of birth.