Birth Injury Attorneys
The birth of a child is supposed to be a joyous moment for parents. However, it can be a nightmare if medical professionals are negligent.
The result can be an injury at birth that impacts the child's life. Our birth injury attorneys can assist a child who has been injured due to medical malpractice to recover financial compensation for future medical expenses and costs.
Medical Mistakes
Birthing a baby can be an exciting time however, medical mistakes during labor and birth could result in devastating consequences for families. Even minor issues, such as oxygen shortages or abrasions in the delivery room, could lead to lifelong disabilities. These can require a long-term care plan and may prevent a child from living a full life. If you suspect that your child was injured due to the negligence of the doctor or other hospital personnel, a Bronx Birth Injury Attorney can assist you to hold them accountable for their actions.
Unfortunately, it is not common for unexpected medical issues to develop during childbirth, and many of these could be due to medical negligence. It is crucial for parents to realize that even though doctors and nurses are trained professionals, they are still human and sometimes make mistakes. These errors could be serious and have long-term consequences for the mother and child, such as irreparable birth injuries, such as cerebral palsy, brachial plexus injury (arms and shoulders) or any other birth traumas.
Medical negligence is defined as a medical professional's breach of their legal duty to the patient, resulting in injuries or death. Your attorney will have to prove that the birth injury to your child was due to medical negligence. This means that the health care provider didn't meet standards of professional care and this led to the injuries. This includes looking over medical records, obtaining expert opinions, and identifying policies or procedures that were violated.
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 ongoing and serious injuries. This could include medical expenses, lost wages due to missing work as well as home care costs, therapeutic equipment and pain and discomfort.
Get an attorney in touch immediately if your child is diagnosed with an injury that is severe at birth. It is vital 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 properly done
Medical professionals are required to observe the mother and child prior to, during and after delivery. Inability to do this can result in serious injuries, including brain damage, spinal injury and other conditions that require lifelong care. These injuries are usually caused by the negligence or doctors and obstetricians. Our Bronx birth injury lawyers can assist you in obtaining damages for your child in the event that a medical mistake occurred during the birth.
If a doctor or other medical professional fails to take appropriate steps during the labor or birthing process, it can be considered to be a case of malpractice. These types of claims could be based on a variety of issues, including the misinterpretation of the fetal heart's readings, the use of medications during delivery, and failure to respond to signs that the fetus may be in distress. In some instances such mistakes can result in oxygen deprivation, also known as hypoxic ischemic brain encephalopathy or ischemia. This condition can cause severe brain damage, due to the cutting off of oxygen and nutrients.
Other instances of medical errors that can cause birth injuries are the improper use of tools for delivery and equipment, handling a baby's abnormal posture or administering the incorrect medication. These cases are sometimes referred to medically induced or birth trauma and may occur during vaginal and Cesarean deliveries.
In a successful lawsuit for birth injury, there are many different types of damages that may be awarded. They are contingent on the severity and extent of the injury. These damages can include past and future medical expenses, lost wages from absence from work, the cost of special education requirements and the cost of suffering and pain.
A birth injury lawsuit can be very complicated, and it is important to seek out a reputable lawyer as soon as you can. Our law firm has extensive experience handling these cases and we will be devoted to helping you receive the compensation you are entitled to. Contact us today to schedule 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 doctor does not realize the necessity of C-sections, or if a medical error causes your child to suffer from an injury such as cerebral palsy or Erb's Palsy the situation could be considered medical negligence. A skilled Bronx birth injury lawyer will help you hold liable parties accountable for their actions. You could be entitled to compensation for the pain and suffering of your child (special damages) as well as financial costs (general damages).
Healthcare professionals and doctors must be neutral in order to provide the best possible care for their patients. This is particularly true during the time of childbirth. Unfortunately emotions and the desire for a healthy baby can hinder the work of these professionals.
While there are inherent risks in every delivery procedure your health and wellbeing depend on the professional judgment of neonatologists, obstetricians, nurses, pediatricians and other medical staff during labor and delivery. It isn't easy to prove that a healthcare professional failed to perform their professional obligation. A successful claim depends on establishing the standard of care, demonstrating how that standard was violated and explaining the reason for the breach that led to the damages you've suffered.
When undergoing a C section, there are a few common mistakes that could occur. These can include the misuse of medical equipment, such as vacuum extractors or forceps, as well as the use of excessive force to handle the shoulder dystocia. This type of medical error could result in serious injuries, such as 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 injury was caused by a medical error or negligent conduct during birth. Our Bronx birth trauma lawyers will offer the thorough legal representation you need to get the maximum amount of compensation for your child's suffering. Contact us for a no-obligation consultation.
Failure to Perform the Vaginal Delivery
While many expectant parents plan and prepare for their childbirth experience, unforeseen circumstances can and do arise. When medical negligence or malpractice occurs during childbirth, a birth injury lawyer in the Bronx could assist in filing a lawsuit against the responsible party and ensure that they are held accountable for the damages caused to your family.
Many of the injuries that occur during childbirth are caused by a doctor's failure to recognize warning signs or take the necessary precautions prior to and during the birth. Medical errors such as these can lead to birth trauma, infections, brain trauma, permanent paralysis (e.g. Erb's palsy or spastic quadripesis), and even death.
A common cause of these avoidable injuries is that doctors do not perform C-sections when it is obvious that a vaginal birth would be a danger to the baby. This is a form birth injury malpractice that can have devastating consequences for the child and mother alike.
C-section is an operation that involves cutting an incision into the abdominal wall to allow for the safe passage of the baby through the vaginal canal. This is usually accomplished using an instrument for medical use, known as the forceps or vacuum extractor. When doctors make use of these devices in a way that is not appropriate or fail to properly handle them, they can cause serious injuries such as nerve damage that can cause partial or complete arm paralysis in infants, referred to as brachial plexus injuries.
In order to successfully file a medical malpractice claim for the improper treatment or care of your child, a skilled birth injury lawyer in the Bronx can perform a thorough examination of all evidence available, including electronic fetal monitoring records, medical test results, diagnostic notes, and any other documentation that is related to the equipment employed during birth and labor. accidentinjurylawyers.claims can collaborate with medical experts to establish the standard of care, and show how a breach of that duty caused your child's injuries. In addition, we can document the severity of your child's injuries as well as the impact they have on future life plans and also determine the amount of damages that should be given.