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Childbirth Injury Law A reputable lawyer for birth injuries will go through your medical records, and obtain expert opinions. They will also determine the policies and procedures that were not adhered to. Your attorney will build an argument that is strong by proving four components of your claim. These comprise: Medical Malpractice Medical negligence refers to any act or omission of an employee, doctor or any other health professional that violates the standard of care they provide to their patient. In the case of birth injuries, it typically refers to the inability to correctly diagnose or treat a pregnancy or birth-related disease. Despite being among the world's most advanced nations, the US is still plagued by a high rate of fatal and serious injuries that result from medical negligence during labor and birth. Patients can sue a medical professional for damages if they commit malpractice. If a lawsuit is successful, an injured family can obtain compensation for past and future medical expenses and lost income, as well as emotional distress, pain and suffering. The awarding of a settlement or a verdict cannot undo the harm caused by a medical mistake, but it may give a family tools to help their child live a happy and healthy life despite the effects of their injuries. To pursue a doctor or hospital, a family must show that they suffered injuries due to the health professional's deviance from the accepted standard of care and that the deviation directly led to the injuries. A successful claim requires the help of medical experts to establish this fact. Based on the location of the family members, they may face both substantive and procedural hurdles to proving that they committed a crime. A skilled lawyer can help parents determine if a doctor, hospital, or other health care provider has committed medical error during childbirth. A no-cost consultation and thorough evaluation of the case is the first step. A qualified attorney will review the medical records and conduct interviews to determine if there is a legal basis for an action for medical malpractice. A lawyer can then submit to the malpractice insurer of the hospital or doctor the demand form that contains a statement about exactly what happened, and medical documents. If the medical provider is not willing to accept the request, or a suitable amount is not offered the family can decide to file an action. Most malpractice claims are settled outside of court. A settlement can offer families financial assistance to pay the cost of treatment and other losses related to a birth injury. Pharmaceutical Negligence The pharmaceutical companies that make the drugs are responsible to pregnant women with a duty of care to ensure that the medication is safe. If drug makers fail to fulfill this obligation of care, they could be held liable for birth injuries resulting from their products. Pharmaceutical negligence claims are based on theories of liability for product liability, breach of warranty, and negligence as a whole. Medical negligence during childbirth could cause serious injuries to infants and mothers. If you suspect that your child was injured as a result of a medical mistake during labor and birth and you suspect that your child was injured, contact a New York birth injury lawyer as soon as possible to discuss legal options. In the majority of cases, a successful claim for medical malpractice or birth injury involves showing the obstetrician and any other hospital staff members did not fulfill their duties of care. This means that they acted in a manner that is in violation of a commonly accepted standard of medical care in similar circumstances. The attorney will consult medical experts to determine the standards, and then determine if the defendant behaved in accordance with this standard in your specific circumstances. Medical negligence can result in birth injuries in many ways, including failures to monitor the mother and search for signs of complications. Other instances include misdiagnosis of the mother, ineffective treatment of her, surgical mistakes and inability to perform an emergency c-section when necessary. Medical errors could result in serious injuries for the infant or mother including brain damage or spinal cord injuries and loss of limbs. In a lot of cases, injuries to a baby or mother are caused by an umbilical cord issue. The causes are mainly cord prolapse, when the cord is tied around the neck and cord entanglement when the cord is pushed through the birth canal before the baby is born. These problems can be easily detected and should be addressed as soon as possible, but they are often overlooked. Medical negligence during childbirth can result in serious injuries or even death. This can be devastating to the family. They can result in permanent mental stress, physical injuries and financial strain. A skilled New York birth injury attorney can help you obtain the compensation you deserve. Hospital Negligence The time of childbirth is delicate for both the mother and baby. Any medical mistakes made during labor and birth could result in devastating consequences. For instance, even the tiniest delay in the delivery of oxygen to a newborn's brain could cause cerebral palsy Erb's syndrome, or other long-term illnesses. While some birth injuries are unavoidable however, other complications can be avoided with prompt and appropriate medical treatment. Families who have suffered life-threatening injuries as a result of the negligence of hospital staff during birth frequently contact our firm. In these instances it is possible to bring a lawsuit against the doctors and nurses who provided medical care as well as their employer hospitals. This lawsuit seeks financial compensation for the cost of treatment, long-term care and other costs. A hospital negligence case begins 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 start of legal proceedings. The complaint must be detailed written claim and a request for evidence by healthcare professionals, and expert opinions. In a lot of cases of medical carelessness during labor and birth infections are caused by the incorrect use of instruments by healthcare professionals, the failure to recognize and treat medical problems in mothers like preeclampsia and gestational diabetic, or the mismanagement of complications like stress on the fetus. In certain instances these errors can lead to septic shock, which could be fatal for both the mother and baby. Other instances include severe birth trauma due to an obstetrician not using enough force during a C section and failing to recognize signs of fetal stress or not properly applying forceps or vacuum extraction devices. If brachial plexus lawyer happen they may have long-lasting consequences, such as physical and mental impairments. In certain instances, these injuries can lead to the death of a person who was wrongful. In these cases the ability of a family to pursue lawsuits will be determined by strict legal deadlines known as statutes of limitation. Families who suffer injuries will not be compensated for their losses if they fail to file a lawsuit within the stipulated timeframe. Birth Trauma Many birth injuries are the result of medical negligence or negligence at the hospital. When this happens families should be compensated fairly for the future medical costs of their child, loss of earning potential physical pain and suffering emotional stress and loss of enjoyment life. It is important to have an attorney who knows how to demonstrate that a health care provider's actions fell below the standard of professional care. This typically involves consulting experts and looking over medical records to find guidelines, procedures, and policies that were not adhered to. Witness testimony can be a powerful tool in establishing the quality of care as well. An experienced birth injury lawyer will have a network of medical experts to evaluate your case and offer opinions on the standards of care that is appropriate for the circumstances. He or she also is aware of the laws and procedural requirements of your state. These elements can have a major impact on the outcome of your case. A top birth trauma lawyer will also have the resources to bring a lawsuit against negligent physicians, hospitals and other medical professionals. They will collaborate with the hospital's insurance company to negotiate an equitable settlement for your family. If a settlement cannot be reached, your attorney can take your case to trial where jurors and judges will decide if the hospital or doctor was responsible for the child's injuries. Generally, hospitals and doctors prefer to settle medical malpractice cases rather than risk a costly verdict at trial. Juries are also known to be sympathetic to children suffering from debilitating ailments and can give a substantial amount. While financial compensation can't undo what happened to your child however, it can be used to pay for equipment, therapies or home accommodations, among other expenses. It also helps reduce the stress and anxiety associated with dealing with the aftermath of birth injuries.