The Intermediate Guide In Childbirth Injury Law
Childbirth Injury Law
A reputable lawyer for birth injuries will look over your medical records and seek expert opinions. They will also determine the procedures and policies that were not followed.
Your attorney will build a strong case by proving four aspects of your claim. These include:
Medical Malpractice
Medical negligence is any act or omission committed by a doctor, nurse, or other health care professional that does not meet the standards of care they provide to their patient. In the case of birth injuries, this usually is a inability to properly diagnose or treat a birth-related or pregnancy-related health condition. Despite being among the most advanced nations in the world however, the US still has a troubling rate of fatal and serious injuries resulting from medical malpractice during labor and birth.
Patients can sue a medical professional to recover damages if they have committed malpractice. A successful lawsuit can result in compensation for future and past medical expenses and lost income, as well as emotional distress and pain and suffering. A settlement or verdict may not be able to reverse the damage caused by a medical error however, it can give a family the support they require to help their child lead a healthy and happy life despite the injuries.
To sue a doctor or a hospital, the family must prove they were injured by the health professional's deviance from the accepted standard of care and that the deviation directly led to their injuries. To prove this medical experts are required to prove the case. Depending on the location where the family resides they could also be confronted with obstacles in the process and in proving malpractice.
A knowledgeable lawyer can help parents determine if a physician, hospital, or other health care provider has committed medical error during childbirth. The first step is to schedule a no-cost consultation and a thorough assessment of the situation. A qualified attorney will review medical records and conduct interviews to determine if there's an opportunity to make medical malpractice claims.
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 professional refuses to accept the demand or does not provide a fair amount, the family could decide to file a suit. Most malpractice cases settle out of the court. Settlements can provide families financial aid to cover the cost of treatment as well as other losses resulting from birth injuries.
Pharmaceutical Negligence
The pharmaceutical companies that produce the drugs owe pregnant women a duty of care to ensure that the drug is safe. If drug manufacturers do not meet this duty of care they could be held accountable for birth injuries caused by their products. Pharmaceutical negligence claims are based on theories of responsibility for product liability, breach of warranty, and negligence in general.
Medical malpractice during childbirth can cause life-altering injuries for infants and mothers. If you suspect that your child was injured as a result of an error made by a doctor during labor or delivery and you suspect that your child was injured, contact an New York birth injury lawyer as soon as you can to discuss legal options.
In birth injury law firm of cases a successful claim for medical malpractice or birth injury requires proving the obstetrician and any other hospital personnel violated their duty of care. This means they did something that was in violation of the standard of medical practice that is generally accepted in similar circumstances. The attorney will consult with medical experts to determine the appropriate standard and then determine if the defendant behaved according to this standard in your particular situation.
Medical negligence can cause birth injuries in several ways, including the failure to examine the mother and search for signs of complications. Other instances include mistakes in diagnosing the mother, ineffective treatment of her, surgical errors and inability to perform an emergency c-section when needed. Medical errors could result in serious injuries to the infant or mother, such as brain damage, spinal cord injuries, and even loss of limbs.
In many instances the injuries sustained by a mother or her baby result from problems with the umbilical cord. 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 should be addressed as soon as possible, however, they are sometimes overlooked.
The negligence of a doctor during childbirth could cause serious injuries and even death. This could be devastating for a family. They can cause lifelong mental stress, physical injuries and financial strain. An experienced New York birth injury attorney can help you obtain the compensation that you deserve.
Hospital Negligence
Both mother and child are at a vulnerable stage during childbirth. Any medical errors during the delivery process could have devastating effects. The smallest delay in oxygen delivery to a newborn brain can lead to Erb's or cerebral palsy. While certain birth injuries are inevitable however, other complications can be prevented with timely and adequate medical care.
Our firm is often called upon by families who have suffered life-altering injuries as a result of the negligence of hospital staff during the birth process. In these cases the possibility of a lawsuit is brought against the nurses, doctors, and hospitals that provided care. The purpose of lawsuits is to seek financial compensation to cover the costs of care, long-term treatment, and other related expenses.
A hospital negligence case starts by filing an official medical malpractice complaint 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 consists of a thorough written claim, a request for documentation by healthcare professionals, and expert opinions.
Many cases of medical negligence during labor, pregnancy and delivery involve infections that result from the inadequate use of instruments, failure to recognize and treat medical issues in the mother like gestational diabetes or preeclampsia or mismanaging issues like fetal distress. In certain instances, these errors could lead to Septic shock, which can be fatal for both mother and baby.
Other instances include severe birth trauma caused by an obstetrician who did not use enough force during a C-section and failing to recognize signs of fetal stress or using forceps in a way that is not appropriate, or vacuum extraction devices. These injuries can cause long-lasting consequences, including physical and mental impairments. In some cases, such injuries can also result in the death of a person who was wrongful. In these instances the family will be limited in their ability to file a lawsuit within strict deadlines for legal action, also known as statutes. Injured families will not be compensated for their losses when they fail to file a lawsuit within the stipulated timeframe.
Birth Trauma
Hospital negligence or medical malpractice is responsible for many birth injuries. Families deserve fair compensation when this happens, for future medical expenses, loss of earning potential, emotional and physical suffering and the loss of enjoyment their child's life.
It is important to hire an attorney who knows how to show that the actions of a health professional did not meet the standards of professional care. This usually involves consulting experts and reviewing medical records to find the policies, procedures and protocols that were violated. Witness testimony can be powerful in establishing substandard care as well.
A skilled birth injury lawyer will have a network of medical experts to evaluate your case and provide opinions regarding the appropriate level of care for the given circumstances. They will also have knowledge of the statutes of limitations and other procedural requirements in your state. These factors can have a significant impact on the outcome of your claim.
A top birth trauma attorney will also have the resources to file a lawsuit against negligent physicians, hospitals and other medical providers. They will collaborate with the insurance company of the hospital to negotiate an equitable settlement for your family. If a settlement cannot be reached, your attorney can take your case to trial, where a judge and jury will decide if the hospital or doctor was the cause of the child's injuries.
Generally, hospitals and doctors prefer to settle medical malpractice cases instead of risking a large verdict in a trial. Moreover, juries tend to be sympathetic towards children suffering from debilitating conditions and may award a large sum. Financial compensation is not able to repair the harm done to your child but it can be used to pay for therapy equipment, home accommodations, and other expenses. It can also help reduce anxiety and stress associated with dealing with the aftermath of a birth injury.