Birth Injury Attorneys
The birth of a child is supposed to be a happy moment for parents. Medical experts can turn the process into uneasy if they act negligently.
The result is often an injury to the birth that impacts the life of the injured child. If a child was injured as a result of medical malpractice, our birth injury attorneys can assist them in obtaining financial compensation for future and past medical expenses.
Medical Errors
The birth of a child is an exciting time however, medical mistakes during labor and birth could cause devastating harm to families. Even minor problems like oxygen deficiency or abrasions within the delivery room, could lead to lifelong disabilities. They may require a lot of care and hinder children from living an active life. If you suspect that your child was injured because of the negligence of a medical professional or other hospital staff or other hospital staff, a Bronx Birth Injury Attorney can assist you to make them accountable for their actions.
Medical negligence is usually the cause of medical complications that are not expected during the birth of a child. Parents need to be aware that although nurses and doctors are certified professionals, they are still human and can make mistakes. These mistakes can have devastating and long-lasting consequences for both the mother and child. They may cause irreversible birth injuries like brachial plexus or cerebral palsy injuries (arms and shoulder).
Medical negligence is defined as a medical professional's infraction of their legal obligation to the patient, which results in injury or death. Your lawyer must prove that the birth injury to your child was caused by medical malpractice. This means that the health care provider in question didn't meet accepted standards of professional treatment and that this failure led to the injuries. This includes reviewing medical records, getting expert opinions and identifying any rules or procedures that were breached.
New York does NOT cap the amount of damages in medical malpractice cases. This includes birth injury lawsuits. It is therefore possible to get compensation for your child's ongoing and serious injuries. This can generally include past and future medical expenses, lost income due to absence from work and home care and therapeutic equipment, and pain and suffering.
Consult an attorney as soon as you can if your child is diagnosed with an injury that is severe at birth. It is essential to make your claim within the timeframe of limitations, which can differ based on the circumstances of your case as well as the age of your child.
Monitoring is not done properly
Medical professionals have a duty to observe the mother and child before and during labor. Failure to do so can cause serious injuries, such as brain damage, spinal injury and other conditions that require lifelong care. In most cases the injuries result from the negligence of obstetricians and doctors. Our Bronx birth injury attorneys can assist you in recovering damages for your child in the event that a medical mistake occurred during the birth.
It is malpractice if the medical professional fails in their duty to take the proper steps during labor and delivery. These types of claims can involve a variety of issues, such as misinterpretation of fetal heart measurements as well as the use of medication during labor, and failure to respond to signals that the fetus is experiencing distress. In some cases such mistakes can result in oxygen deprivation, also known as hypoxic ischemic brain encephalopathy or ischemia. This condition stops the supply of oxygen and nutrients to the fetus, which can cause permanent and severe brain damage.
Other medical mistakes that could lead to birth injuries are the incorrect use of the delivery instrument and the improper handling of a baby's abnormal position and the administration of the incorrect medication. These instances are often attributed to medically induced or birth trauma and can occur during both vaginal and Cesarean deliveries.
In a successful lawsuit for birth injuries there are many types of damages that may be awarded. They are contingent on the severity and extent of the injury. These damages could include future and past medical expenses, lost wages from time off work, the costs of special education, and the cost of suffering and pain.
A birth injury lawsuit can be a bit complicated and it is crucial to seek out a reputable attorney as soon as you can. Our law firm has a wealth of experience handling birth injury cases. We will fight tirelessly to help you get the justice you are entitled to. Contact us today to set up a an appointment for a no-cost consultation. We have offices in New York City, Long Island, and Philadelphia.
Failure to perform a Cesarean section
A C-section may be the only option to avoid serious birth complications and injuries. However, if a doctor fails to acknowledge the need for a C-section or if a medical error results in your child suffering from an injury like cerebral palsy or Erb's Palsy, it can be deemed medical malpractice. A qualified Bronx birth injury attorney can help you hold the liable parties accountable for their actions. Depending on the severity of your child's injury, you may be eligible for compensation to cover financial costs (general damages) and the suffering and pain suffered by your child (special damages).
To provide the best possible care for their patients medical professionals and doctors need to remain impartial. This is especially true when it comes to childbirth. Unfortunately, these professionals are often overwhelmed by emotions and the desire to deliver a healthy baby.
Although all birthing procedures are not without risk your health and well-being depend on the professional judgement of obstetricians and other medical personnel, including neonatologists and nurses. It can be difficult to prove that a healthcare professional did not meet their professional obligations. A successful case is dependent on establishing the standard of care, showing how that standard was violated, and explaining the reason for the breach that led to the damages you've suffered.
There are many common errors that can be made during the course of a C section delivery. Some of these mistakes include the misuse and overuse of medical equipment, such as vacuum extractors, forceps or excessive use of force to treat shoulder dystocia. birth injury attorney in nyc of medical negligence could cause serious injuries such as Erb's palsy, cerebral palsy and brachial-plexus injuries.
Our attorneys have years of experience handling medical malpractice cases. They can assist you in proving the negligence or medical error that led to the injuries to your child. Our Bronx birth trauma lawyers will provide the complete legal assistance you require to get the maximum amount of compensation you deserve for the pain and suffering of your child. Contact us for a no-obligation consultation.
Failure to Perform the Vaginal Delivery
While many parents are planning and prepare for their childbirth experience, unforeseen circumstances can and do arise. If medical negligence or malpractice occurs during childbirth, a birth trauma attorney in the Bronx can assist in filing an action against the responsible party and hold them accountable for the damages caused to your family.
Many of the injuries that happen during childbirth are the result of a doctor's failure to recognize warning signs and taking the necessary precautions prior to and during the delivery. Medical errors like these can result in birth trauma, infections, brain trauma, permanent paralysis (e.g. Erb's Palsy (or spastic quadripesis) and even death can result from medical mistakes.
The most common cause of these avoidable injuries is when doctors fail to perform a C-section if it is clear that a vaginal delivery would pose an unacceptable risk to the baby. Birth injury-related malpractice can have devastating effects on both the mother and child.
C-section is a surgical procedure that involves cutting an incision in the abdominal wall to allow for the safe passage of the baby through the vaginal canal. It is typically performed with the use of a medical device called a forceps or vacuum extractor. If doctors make use of these devices in a way that is not appropriate or fail to handle them properly they can result in serious injuries such as nerve damage that results in partial or complete paralysis of the arm in infants, referred to as brachial plexus injuries.
To successfully file a medical malpractice claim for the improper treatment or care of your child, a knowledgeable birth injury lawyer in the Bronx can conduct a thorough review of all available evidence including electronic monitors for fetal development as well as diagnostic test results, doctor notes, as well as any documentation associated with the instrumentation employed during birth and labor. Our lawyers can work with medical experts in order to establish the appropriate standard of care and demonstrate how a breach of that obligation caused the child's injuries. Additionally, we can document the extent of your child's injuries and the impact they have on future life plans, as well as quantify the damages that must be given.