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Childbirth Injury Law A good lawyer for birth injuries will go through your medical records, and get expert opinions. They will also identify any procedures or policies that were not followed. Your attorney will prove four elements of your claim to build a strong case. These comprise: Medical Malpractice Medical negligence refers to any act or omission of an employee, doctor or other health care professional that is in violation of the standard of care for their patient. Birth injuries are usually caused due to a failure to identify or treat a medical condition related to pregnancy or birth. The US, despite being one of the most advanced countries in the world, has a high percentage of serious and fatal injuries caused by medical malpractice during birth. Patients may sue a medical professional for damages if they have committed malpractice. In a successful claim the family affected could be awarded compensation for future and past medical expenses and lost income, as well as emotional distress, pain, and suffering. A settlement or verdict may not be able to undo the damage caused by a medical error but it can provide families with the resources they need to help their child lead a healthy and happy life despite the injuries. To file a lawsuit against a hospital or doctor the family must demonstrate that they were injured by the health professional's deviation from the standard of care and that the deviation directly caused the injuries they sustained. To prove this, medical experts are needed to prove the case. Depending on the whereabouts of the family, they could face both substantive and procedural hurdles to prove that they committed a crime. A lawyer experienced in the field can assist parents determine if a physician, hospital or other health care provider has committed medical malpractice during the birth of their child. The first step is a no-cost consultation and a thorough assessment of the situation. A qualified attorney will review medical documents and conduct interviews to determine whether there is a case for medical malpractice claims. A lawyer can then submit to the malpractice insurance company of the doctor or hospital a demand package that contains a statement about exactly what happened, and medical records. If the medical provider refuses to take the demand or refuses to offer a fair amount, the family could decide to bring a lawsuit. Most malpractice claims are settled out of the court. A settlement can provide financial assistance families to pay the costs of treatment as well as other losses that are associated with birth injuries. Pharmaceutical Negligence The pharmaceutical companies that make the drugs have a responsibility to pregnant women of care to ensure that the medication is safe. When drug manufacturers fail to fulfill this duty of care, they could be held responsible for birth injuries resulting from their medications. Pharmaceutical negligence claims are based on theories of liability for product liability, breach of warranty, and negligence as a whole. Medical errors during childbirth can cause serious injuries to infants and mothers. If you suspect that your child has suffered harm due to a medical error during the labor and birth process, contact an experienced New York birth injury attorney immediately to discuss your legal options. In the vast majority of cases a successful claim of birth injuries or medical malpractice requires that you show that your obstetrician did not fulfill his duty of care. This means that they acted in a manner that is not in line with a generally accepted standard of medical care in similar circumstances. The attorney will consult with medical experts to establish the standard and determine if the defendant's actions were in violation of this standard in your specific circumstances. Medical negligence can result in birth injuries in many ways, such as failures to examine the mother and look for signs of problems. Other examples include mistaken diagnosis of the mother, ineffective treatment of her, surgical errors and inability to perform an emergency c-section when needed. These medical errors can cause serious injuries to the child or mother, such as brain damage, spinal injuries, and even loss of limbs. In many instances, injuries to baby or mom are the result of an umbilical cord problem. Cord prolapse occurs when the cord is wrapped around the neck. Cord entanglement happens when the cord is inserted into the birth canal prior to the birth of the baby. These issues are easy to detect and should be addressed promptly however often they are not. Medical negligence during childbirth can result in serious injuries or even death. This can be devastating for the family. linked site can lead to lifelong mental stress, physical injuries and financial hardship. A skilled New York birth injury attorney can assist you in obtaining the compensation that you deserve. Hospital Negligence Both mother and child are vulnerable moment during the birth of a child. Any medical mistakes made during labor or delivery could result in devastating consequences. The smallest delay in the delivery of oxygen to the newborn brain could cause Erb's Palsy or cerebral palsy. While some birth injuries are inevitable however, other complications can be avoided with prompt and appropriate medical treatment. Our firm is frequently approached by families who've suffered serious, life-altering injuries as a result of the negligence of hospital personnel during the delivery process. In these instances it is possible to bring a lawsuit against the doctors and nurses who provided treatment, as well as their employer hospitals. This lawsuit seeks an amount of money to cover the cost of treatment, long-term care as well as other expenses. A hospital negligence case starts by filing a medical malpractice complaint with the appropriate state agency, usually the Office of Patient Safety or the State Medical Board. This step is the formal beginning of legal proceedings. They include a detailed written complaint, a request for documentation from healthcare professionals, as well as expert medical opinions. In many instances of medical negligence during labor and pregnancy the cause of infection is the improper use of instruments by medical professionals, the inability to detect and treat medical conditions in mothers, such as preeclampsia and gestational diabetic, or the ineffective management of complications such as 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 as a result of an obstetrician not using enough force during a C-section and failing to detect signs of fetal stress or using forceps in a way that is not appropriate, or vacuum extraction devices. These injuries can last for a long time and cause lasting consequences, including physical and mental impairments. In some cases, such injuries may also lead to an unjust death. In such cases the family's right to file lawsuits will be determined by strict legal time frames known as statutes of limitations. Failure to submit a lawsuit within the timeframe will stop a family who has been injured from receiving the amount of compensation they are entitled to. Birth Trauma Hospital negligence or medical malpractice is the reason for a variety of birth injuries. Families should be compensated fairly in the event of future medical expenses, loss of earning potential, physical and emotional pain and suffering, and the loss of enjoyment their child's life. It is essential to employ an attorney who is able to demonstrate that the actions of a health professional were not in line with the accepted standards of professional care. This involves consulting with experts and examining medical records in order to determine the policies, protocols and procedures that were violated. Witness testimony can be extremely powerful in establishing substandard treatment. A birth injury lawyer who has experience will have a network that includes medical professionals who will review your case and give opinions on the best treatment in the particular circumstances. The lawyer will also be aware of the statutes of limitation and other requirements for procedural procedures in your state. These elements can have a major impact in the outcome of your case. A reputable birth trauma attorney will also have the resources to make a claim against negligent hospitals, doctors and other medical providers. He or she will work with the hospital's insurer to secure a fair settlement on behalf of your family. If a settlement is not reached, your lawyer will bring your case to court where a judge or jury will decide whether the hospital or doctor is responsible for your child’s injury. Hospitals and doctors usually settle medical malpractice claims, rather than risking a large verdict in court. Additionally, juries tend to be sympathetic towards children suffering from debilitating ailments and can decide to award a substantial sum. Financial compensation cannot undo the damage done to your child but it can be used to pay for therapy, equipment, home accommodations and other costs. It can also reduce the stress and anxiety associated with dealing with the aftermath of a birth injury.