Birth Injury Attorneys
The birth of a baby is supposed to be a joyous moment for parents. Medical experts can turn the process into a nightmare if they act in a negligent manner.
The result is usually an injury to the birth that impacts the life of the child injured. Our birth injury attorneys will help a child who has been injured due to medical malpractice to recover financial compensation for their future medical expenses and costs.
Medical Errors
Birthing a child can be an exciting experience, but medical errors during labor and delivery may cause devastating harm to families. Even minor problems like oxygen deficiency or abrasions within the delivery room, can result in permanent disabilities. birth injury attorney near me may require a long-term care plan and may prevent a child from living the fullest life. If you believe that your child was injured because of the negligence of a doctor or medical personnel at the hospital and you believe that your child was injured, an Bronx birth injury attorney can help you hold those accountable for their actions.
Medical negligence is often the source of unforeseen medical complications during the birth of a child. It is important for parents to realize that even though doctors and nurses are professionals with certification however, they are human and sometimes make mistakes. These errors could be serious and have long-term consequences for the mother and the child, such as irreparable birth injuries such as cerebral palsy, brachial injury (arms and shoulders) or other birth trauma.
Medical negligence is defined by a breach of a health care provider’s legal obligation to the patient that causes death or injury. To prove that your child's birth injury was the result of medical malpractice, your lawyer will need to establish that the health care provider concerned did not provide the standards of professional care and that their failure led to the injuries in question. This involves reviewing medical records, getting expert opinions, and identifying the policies or procedures that were not followed.
New York does NOT cap the amount of medical malpractice damages. This includes birth injury lawsuits. It is therefore possible to claim compensation for your child's long-term and severe injuries. This can generally include past and future medical expenses, income loss due to absence from work as well as the cost of home care and therapeutic equipment and suffering and pain.
If your child has been diagnosed with a severe birth injury, you must consult a lawyer as soon as you can. It is essential to make your claim within the timeframe of limitations, which may differ depending on the circumstances of your case and the age of your child.
Monitoring is not properly done
Medical professionals are required to monitor both the mother and baby before and during labor. Failure to do this could cause serious injuries such as brain damage, spinal cord injury and other ailments that will require lifelong care. These injuries are usually caused by negligence or obstetricians and doctors. If your child sustained an injury as a result of an error in the delivery process, our Bronx birth injury lawyers can assist you to claim compensation for the damage that you and your family suffered.
If a physician or other medical professional fails to follow the proper actions during the labor and delivery process, this is considered to be malpractice. These types of claims could involve a variety of issues, including the misinterpretation of fetal heart readings as well as the use of medication during labor, and inability to recognize signs that the fetus may be in distress. In some cases, these types of errors can result in oxygen deprivation. This is 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 errors that could lead to birth injuries are the incorrect use of delivery instruments and the improper handling of a baby's position that is abnormal and the use of incorrect medication. These types of cases are often referred to medically induced or birth trauma. These may occur during vaginal and Cesarean births.
There is a broad range of damages that can be awarded in the event of a successful birth injury lawsuit, and these vary based on the severity of the child's injuries. These damages can include past and future medical expenses, lost wages due to working absences, the cost of special education and pain and suffering.
A birth injury lawsuit can be very complicated and it is crucial to consult a knowledgeable attorney as soon as you can. Our law firm has a wealth of experience in dealing with these cases, and we will do our best to help you get the compensation you are entitled to. Contact us today for a a free consultation. We have offices in New York City and Long Island.
Failure to perform a Cesarean Section
C-sections are usually the only option to avoid serious birth complications and injuries. However, if a physician does not realize the necessity of a C-section or if a medical error causes your child to suffer from an injury such as cerebral palsy or Erb's Palsy, it can be considered medical malpractice. A Bronx birth injury lawyer can assist you to hold negligent parties accountable. Based on the severity of the injury to your child, you may be eligible for compensation to cover financial costs (general damages) and the suffering and pain suffered by your child (special damages).
In order to provide the best possible treatment to their patients medical professionals and doctors must be objective. This is especially important during the time of childbirth. Unfortunately, emotions and the desire to have a healthy child can often make it difficult for these professionals.
While all birthing procedures are not completely safe Your health and well-being depend on the judgement of a professional of obstetricians and other medical personnel, such as neonatologists and nurses. In medical malpractice cases, proving a healthcare provider failed to fulfill their professional obligation of care can be difficult. A successful claim relies on establishing the standard of care and proving that it was violated. It is also essential to show the reason for the breach and how it caused the harms.
In a C-section there are some common mistakes that could occur. Some of these mistakes include the misuse and abuse of medical equipment, such as vacuum extractors, forceps or the excessive use of force to treat shoulder dystocia. This type of medical malpractice can cause serious injuries, like Erb's Palsy and cerebral palsy.
Our experienced attorneys understand the complexities of a medical negligence case and can help you prove that your child's injuries were caused by a medical error or a negligent act during delivery. Our Bronx birth injury lawyers will provide you with the legal advice that you require to receive the maximum compensation for your child's suffering. Contact us today for a free consultation.
Failure to perform a vaginal delivery
Unexpected events can and do happen despite the fact that many parents prepare and plan for their birth. If medical negligence or malpractice is uncovered during childbirth, a birth trauma attorney in the Bronx may help file a lawsuit against the responsible party and make them accountable for the damages that your family suffers.
Many of the injuries that occur during childbirth result from a doctor's failure to recognize warning indicators or take the required precautions prior to and during the birth. These medical mistakes can lead to infections, birth traumas brain injuries, permanent paralysis. Erb's Palsy or spastic Quadripesis) and even death.
A common cause of preventable injuries is when doctors do not perform a C-section if it is obvious that a vaginal birth would be a risky option for the baby. This is a form of birth injury malpractice that could result in devastating consequences for both mother and child.
A C-section is a surgical procedure that involves cutting an incision into the abdominal wall to allow for the safe passage of the infant through the vaginal canal. It is typically done using medical devices such as the forceps or vacuum extractor. When doctors misuse these devices or fail to properly handle them they can result in serious injuries like nerve damage that causes complete or partial arm paralysis in infants referred to as brachial plexus injuries.
In order to successfully file a medical malpractice claim for wrong treatment or care given to your child, an experienced birth injury lawyer in the Bronx will conduct a thorough review of all evidence that is available, including electronic fetal monitoring records as well as diagnostic test results, doctor notes, as well as any documentation that is related to the equipment used during the labor and delivery. Our lawyers can work with medical experts to establish the standards of care, and then demonstrate the way in which a breach of this obligation caused the child's injuries. In addition, we can record the extent of your child's injuries as well as their impact on future life plans as well as determine the amount of damages that should be given.