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Childbirth Injury Law A good lawyer for birth injuries will examine your medical records, and obtain expert opinions. They will also determine any policies or procedures that were not followed. Your attorney will prove the four elements of your claim to create a strong case. These include: Medical Malpractice Medical negligence is defined as any act or omission by a nurse or doctor or other health care provider which violates the standard treatment provided to their patient. Birth injuries are usually caused by a failure to diagnose or treat a condition related to birth or pregnancy. The US, despite being one of the most advanced nations in the world, has a high rate of serious and deadly injuries resulting from medical malpractice during birth. If a medical professional is found guilty of an act of malpractice the patients of the patient can sue for damages. If a lawsuit is successful the family affected can obtain compensation for future and past medical expenses, lost income, emotional distress, pain, and suffering. The awarding of a settlement or a verdict will not reverse the harm caused by a medical mistake however, it could give a family the resources to help their child lead a healthy and happy life, despite the consequences of their injury. In order to file a lawsuit against a hospital or doctor the family must demonstrate that they were harmed by the health care professional's deviation from the standards of care and that this departure directly led to their injuries. A successful claim requires the help of medical experts in proving this fact. Depending on where the family is located, they may also face substantive and procedural obstacles to the proof of malpractice. A knowledgeable lawyer can help parents determine if a physician, hospital, or other health care provider has committed medical negligence during childbirth. A free consultation and thorough analysis of the situation is the first step. birth injury legal professional licensed attorney will examine medical records and conduct an interview to determine if there's an opportunity to make a claim of medical malpractice. A lawyer can then submit to the insurer for malpractice of the hospital or doctor a demand package that contains the exact details of what transpired, as well as medical documents. If the medical professional is not willing to accept the request or a reasonable amount is not available the family may decide to pursue a lawsuit. Most malpractice claims are settled outside of the court. Settlements can provide families financial aid to cover the cost of treatment as well as other losses related to birth injuries. Pharmaceutical Negligence When pregnant women are given prescription medications or other substances during their pregnancy, pharmaceutical companies that make those drugs owe them a duty of care to ensure the medication is safe for use. If the drug companies fail to exercise this obligation of care, they could be held responsible for birth injuries that result from their medications. Pharmaceutical negligence claims are based upon theories of liability relating to product liability, breaching warranty and negligence. Medical errors during childbirth can cause serious injuries to infants and mothers. If you suspect your child was injured as a result of an error in medical care during labor or delivery and you suspect that your child was injured, contact an New York birth injury lawyer as soon as possible to discuss legal options. In the vast majority of cases, a successful claim for medical malpractice or birth injury requires proving that your obstetrician and other hospital staff members violated their obligations to care. This means that they acted in a way that is not in line with a generally accepted standard of medical practice in similar circumstances. The attorney will consult medical experts to determine the standards, and then determine if the defendant's actions were in accordance with this standard in your specific situation. There are several types of medical negligence that could cause birth injuries, such as failure to monitor the mother for signs of complications, misdiagnosis incorrect treatment, surgical errors, and failure to perform an emergency C section when necessary. Medical errors can lead to significant injuries for the mother or baby such as brain injury or spinal cord injuries and even loss of limbs. In many instances, the injuries sustained by a mother or baby are the result of an issue with the umbilical cord. The causes are mainly cord prolapse, when the cord is wrapped around the neck and cord entanglement when the cord passes through the birth canal prior to the baby is born. These issues are easily identified and should be addressed as soon as possible, however, they are often overlooked. The consequences of injuries and deaths resulting from medical negligence in childbirth can be devastating for the entire family. They can result in permanent disabilities, emotional trauma as well as financial hardship. A skilled New York birth injury attorney can assist you in obtaining the compensation that you deserve. Hospital Negligence The birthing process is a delicate one for both mother and baby. Any medical mistakes in the delivery process could result in devastating consequences. For instance, the tiniest delay in the delivery of oxygen to the brain of a newborn can cause cerebral palsy, Erb's syndrome, or other long-term issues. While certain birth injuries are inevitable, other complications are preventable with prompt and adequate medical care. Families who suffer life-threatening injuries due to the negligence of hospital staff during birth often contact our firm. In these situations, it may be possible to file a lawsuit against the doctors and nurses who provided medical care and their employers' hospitals. This lawsuit seeks an amount of money to cover the cost of long-term treatment, care and other costs. A hospital negligence claim starts with a medical malpractice report filed with the appropriate state agency. This is typically the Office of Patient Safety, or the State Medical Board. This is the formal start of legal procedures. The complaint must be detailed written claim, a request for documentation from healthcare providers, as well as expert opinions. Many cases involving medical negligence during labor, pregnancy and delivery are characterized by infections caused by medical professionals' inexperienced use of instruments, failure to recognize and treat maternal medical problems such as preeclampsia and gestational diabetes or mismanaging the complication of distress in the fetus. In some cases these mistakes can cause Septic shock, which can be fatal for both mother and baby. Other instances involve severe birth trauma due to an obstetrician not using enough force during a C-section or failing to recognize the signs of fetal stress or not properly applying forceps or vacuum extraction devices. These injuries can last for a long time and cause lasting consequences, including physical and mental impairments. In some instances, such injuries may also lead to wrongful death. In such cases the ability of a family to pursue a lawsuit will be governed by strict legal time frames called statutes of limitations. Failure to submit a lawsuit within the timeframe will prevent an injured family from receiving the compensation they deserve. Birth Trauma Medical malpractice or hospital negligence is the cause of many birth injuries. Families deserve fair compensation in the event of future medical expenses and loss of earning potential, emotional and physical suffering and loss of enjoyment their child's life. It is crucial to have an attorney who understands how to demonstrate that a health care provider's actions were not in line with the accepted standard of professional care. This typically involves consulting experts and looking over medical records to identify guidelines, procedures, and policies that were violated. Witness testimony can be a powerful tool in establishing substandard medical care, too. An experienced lawyer for birth injuries will have a network of medical experts to evaluate your case and give opinions on the standard of care that is appropriate for the circumstances. The lawyer will also be aware of the statutes of limitation and other requirements for procedural procedures in your state. These factors could have a significant effect on the outcome of your claim. A top lawyer for birth trauma will have the resources needed to bring a lawsuit against negligent hospitals, doctors, and other medical providers. He or she will work closely with the hospital's insurer to negotiate a fair settlement on behalf of your family. If a settlement is not agreed upon, your lawyer may take your case to court, where the judge or jury will decide whether the hospital or doctor is responsible for your child’s injury. Doctors and hospitals typically settle medical malpractice claims rather than risking a large verdict in court. Jurors are sympathetic to children suffering from disabilities and may give a substantial amount. The financial compensation won't reverse the damage done to your child but it can be used to pay for therapy, equipment, home accommodations, and other expenses. It can also help reduce the stress and anxiety associated with dealing with the aftermath of an injury to the birth.