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A reputable lawyer for birth injuries will go through your medical records, and get expert opinions. They will also identify policies and procedures that were violated.
Your attorney will prove the four elements of your claim to build a strong case. These comprise:
Medical Malpractice
Medical negligence is defined as an action or omission made by a nurse or doctor or other health care provider which violates the standard treatment they provide their patients. Birth injuries are usually caused by a failure to diagnose or treat a condition related to birth or pregnancy. Despite being one of the most advanced nations in the world however, the US has a high rate of fatal and serious injuries caused by medical negligence during labor and birth.
Patients can sue a medical professional for damages if they have committed malpractice. A successful lawsuit can result in compensation for past and future medical expenses and lost income, as well as emotional distress, and pain and suffering. A settlement or verdict may not be able to undo the damage caused by a medical mistake, however, it could provide families with the support they require to ensure that their child has a happy and healthy life despite their injury.
To bring a lawsuit against a hospital or doctor the family must demonstrate that they suffered harm due to the health care professional's departure from the standard of care and that this departure directly led to the injuries they sustained. To prove this medical experts are required to prove a case. Depending on the whereabouts of the family, they could be confronted with both substantive and procedural hurdles to proving malpractice.
A lawyer who has experience can help parents determine whether a doctor or health care provider has committed medical malpractice during the birth of their child. A free consultation and thorough evaluation of the case is the first step. An experienced attorney will go over 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 offer to the hospital's doctor or malpractice insurance company, which includes an explanation of what transpired and medical documents. If the medical provider refuses to accept the demand, or a suitable amount is not offered the family can decide to pursue a lawsuit. Most malpractice claims are settled outside of the court. A settlement can offer families financial assistance to pay the cost of treatment and other losses resulting from a birth injury.
Pharmaceutical Negligence
The pharmaceutical companies that manufacture the drugs have a responsibility to pregnant women of care to ensure that the medication is safe. If the drug companies fail to exercise this obligation of care, they can be held responsible for birth injuries that result from their products. Pharmaceutical negligence claims are based on theories of responsibility for product liability, breach of warranty, and negligence per se.
Medical errors during childbirth can cause life-altering injuries for infants and mothers. If you suspect your child suffered harm due to a medical error during the labor and delivery process, consult a skilled New York birth injury attorney immediately to discuss your legal options.
In the vast majority of cases, a successful claim for medical malpractice or birth injury requires proving the obstetrician and any other hospital staff members violated their duties of care. This means they acted in a manner that is in violation of a commonly accepted standard of medical practice in similar circumstances. The attorney will consult medical experts to determine the appropriate standard and then determine if the defendant's actions were in accordance with this standard in your particular circumstances.
Medical negligence can result in birth injuries in many ways, such as failures to monitor the mother and look for signs of complications. Other instances include mistaken diagnosis of the mother, inadequate treatment of her, surgical errors, and failures to perform an emergency c-section when necessary. Those medical errors could result in serious injuries to the infant or mother such as brain injury and spinal cord injuries and even loss of limbs.
In many instances, injuries to a baby or mom are the result of an umbilical cord issue. Cord prolapse happens when the cord is wrapped around the neck. Cord entanglement happens when the cord passes through the birth canal prior to the birth of the baby. These issues are easy to detect and should be dealt with immediately however sometimes they aren't.
Injuries and deaths caused by medical negligence during the birth of a child can be devastating for the entire family. They can cause lifelong mental stress, physical injuries, and financial hardship. A New York birth injury lawyer can assist you in getting the justice you deserve.
Hospital Negligence
Mother and child are vulnerable stage during childbirth. Any medical error during labor and delivery could cause devastating consequences. For instance, the tiniest delay in delivering oxygen to the brain of a newborn could cause cerebral palsy Erb's palsy, and other long-term illnesses. Some birth injuries can't be avoided, but other complications can be prevented by timely and proper medical care.
Our firm is frequently called upon by families who have suffered significant, life-altering injuries due to carelessness by hospital personnel during the delivery process. In these situations it could be possible to file a lawsuit against the doctors and nurses who provided care, as well as their employers' hospitals. The purpose of a lawsuit is to seek financial compensation that addresses the costs of care, long-term treatment, and other related expenses.
A claim for hospital negligence starts with 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. The complaint must be detailed written claim as well as a request for proof from healthcare providers, as well as expert opinions.
In a lot of cases of medical carelessness during labor and birth infections are caused by the incorrect use of instruments by medical professionals, the inability to detect and treat medical problems in mothers like preeclampsia and gestational diabetic, or the mismanagement of complications like stress on the fetus. These mistakes can result in septic-shock that could be fatal for both the mother and the child.
Other instances involve severe birth trauma due to an obstetrician who did not use enough force during a C section or failing to detect 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 that include mental and physical impairments. In some cases, such injuries can lead to wrongful death. In these instances families is limited in their ability to file a lawsuit by strict legal deadlines, also known as statutes. Failure to submit a lawsuit within this time frame will stop a family who has been injured from receiving the compensation they deserve.
Birth Trauma
Medical malpractice or hospital negligence is the cause of many birth injuries. If this happens, families deserve fair compensation for the future medical costs of their child as well as lost earning potential, physical suffering and pain emotional pain and loss of enjoyment of life.
It is important to have an attorney who knows how to show that a healthcare provider's actions did not meet the accepted standards of professional care. This requires consulting with experts and examining medical records to identify policies, protocols and procedures that were not adhered to. Witness testimony can be extremely powerful in establishing poor treatment as well.
A birth injury lawyer who has experience will have a network that includes medical professionals who will examine your case and provide opinions on the appropriate care in the given circumstances. They will also know about the statutes of limitations as well as other requirements for procedural procedures in your state. These aspects could have a significant impact in the outcome of your case.
A top attorney for birth trauma will have the resources necessary to bring a lawsuit against negligent hospitals, doctors as well as other medical providers. He or she will work closely with the hospital's insurer to negotiate an appropriate settlement on behalf of your family. If a settlement can't be reached, your attorney may go to trial, where jurors and judges will decide if the doctor or hospital was accountable for the injury to your child.
Doctors and hospitals typically settle medical malpractice claims, rather than risking a high verdict in court. Jurors are compassionate towards children with disabling conditions and can give a substantial amount. The financial compensation won't reverse the damage caused to your child, but it can be used to pay for therapy equipment, home accommodation and other costs. It also helps reduce anxiety and stress that comes with living with birth injuries.