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Childbirth Injury Law A good birth injury lawyer will examine your medical records and seek expert opinions. They will also determine the procedures and policies that were violated. Your lawyer will present four elements of your claim to build an effective case. These elements comprise: Medical Malpractice Medical negligence is any act or omission of an employee, doctor, or other health care professional that is in violation of the standard of care they provide to their patient. When it comes to birth injuries, this usually is a inability to properly diagnose or treat a pregnancy or birth-related disease. Despite being one of the most advanced nations in the world, the US still has a troubling rate of fatal and serious injuries that result from medical malpractice during labor and birth. If a medical professional is found guilty of an act of malpractice, their patients can sue for damages. If a lawsuit is successful, an injured family could be awarded 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 damage caused by a medical error, but it may give a family the resources to help their child live a healthy and happy life, despite the consequences of their injury. To bring a lawsuit against a doctor or hospital, a family has to demonstrate that they suffered injury due to the health professional's deviation from the norms of practice and that the deviation directly caused the injuries. To prove this medical experts are required to prove the case. Depending on where the family lives, they may also face substantive and procedural obstacles to proving malpractice. A skilled lawyer can help parents determine if a physician or hospital health care provider has committed medical error during childbirth. A no-cost consultation as well as a thorough evaluation of the case is the first step. A licensed attorney will examine medical documents and conduct interviews to determine if there's an opportunity to make a claim of medical malpractice. An attorney can then submit an order to the doctor or hospital's malpractice insurance company, which includes the details of what happened and copies of medical records. If the medical professional is not willing to accept the request or a fair amount is not available the family may decide to file a lawsuit. The majority of malpractice cases are settled out of the court. Settlements can provide financial assistance families to pay the cost of treatment and other losses associated with a birth injury. Pharmaceutical Negligence When pregnant women are given prescription medications or other drugs during their pregnancy, the pharmaceutical companies that produce the drugs have a duty of care to make sure that the medication is safe to use. If the drug makers fail to meet this duty of care they may be held accountable for birth injuries caused by their products. Pharmaceutical negligence claims are based on theories of liability relating to product liability, breaching warranty and negligence. Medical errors during childbirth can cause serious injuries to mothers and infants. If you suspect your child was injured due to an error in medical care during labor and delivery, contact a New York birth injury lawyer immediately 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 duty of care. This means they did something that was not in line with a standard of medical practice that is generally accepted in similar situations. The attorney will consult medical experts to determine the standards, and then determine if the defendant acted under this standard in your particular situation. maternal birth injury lawyer can lead to birth injuries in several ways, including the failure to monitor the mother and look for signs of problems. Other instances include misdiagnosis of the mother, ineffective treatment of her, surgical mistakes, and failures to perform an emergency c-section when needed. Medical errors can result in severe injuries to the infant or mother such as brain injury and spinal cord injuries and even loss of limbs. In many cases, the injuries sustained by a mother or baby are caused by a problem with the umbilical cord. Cord prolapse happens when the cord is wrapped around the neck. Cord entanglement happens when the cord travels through the birth canal prior to the birth of the baby. These problems are easily spotted and should be addressed as soon as possible, but they are sometimes overlooked. Deaths and injuries caused by medical negligence during childbirth can be devastating for the entire family. They can lead to permanent disabilities, emotional trauma, and financial hardship. An experienced New York birth injury attorney can assist you in getting the compensation you are entitled to. Hospital Negligence Both mother and child are at a vulnerable time during childbirth. Any medical mistakes made during labor and birth could cause devastating harm. Even the tiniest delay in the delivery of oxygen to a newborn brain can result in cerebral palsy or Erb's Palsy. While some birth injuries are inevitable however, other complications can be avoided with prompt and proper medical attention. Families who have suffered life-threatening injuries as a result of hospital staff negligence during delivery often contact our firm. In these instances there is a possibility of a lawsuit being filed against the doctors, nurses and hospitals that provided care. The aim of a lawsuit is to obtain financial compensation that addresses the cost of healthcare, long-term treatment, and other associated expenses. A claim for hospital negligence starts with filing a medical malpractice claim with the appropriate state agency, typically the Office of Patient Safety or the State Medical Board. This step is the formal start of legal proceedings. These comprise a detailed written complaint, a request for documentation from healthcare professionals, and medical experts' opinions. In many instances 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 issues in mothers such as preeclampsia or gestational diabetes, or the mismanagement of complications like stress on the fetus. These errors can cause septic-shock, which could be fatal for both mother and child. Other instances include severe birth trauma due to an obstetrician's improper use of force during a C section, failing to spot signs of distress in the fetus, or the improper application of vacuum extractors or forceps. These injuries can have long-lasting effects which include mental and physical impairments. In some cases, such injuries may also 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 time frames known as statutes of limitations. Failure to file a lawsuit within this timeframe will prevent an injured family from receiving the compensation they deserve. 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 as well as loss of earning potential, physical and emotional pain and suffering, and loss of enjoyment their child's life. It is essential to have an attorney who knows how to demonstrate that a health care provider's actions fell below the standards of professional care. This requires consulting with experts and examining medical records to discover policies, protocols and procedures that were not adhered to. Witness testimony can also be very effective in establishing the quality of care. An experienced birth injury lawyer will have a network of medical experts to review your case and give opinions on the standards of care that is appropriate for the circumstances. He or she also knows the statutes and procedural rules of your state. These elements can have a major impact on the outcome of your case. A top lawyer for birth trauma will also have the resources to file a lawsuit against negligent doctors, hospitals, and other medical providers. They will work closely with the insurer of the hospital to secure an equitable settlement on behalf of your family. If a settlement cannot be reached, your lawyer can bring your case to court where the judge or jury will decide if the doctor or hospital is responsible for your child’s injury. Typically, doctors and hospitals prefer to settle medical malpractice cases instead of risking a large verdict in a trial. Jurors are sympathetic to children with disabilities, and they may decide to award a substantial sum. Financial compensation cannot undo the harm done to your child, but it can be used to pay for therapy, equipment, home accommodations, and other expenses. It can also reduce stress and anxiety that come from the trauma of birth.