Birth Injury Attorneys
The birth of a baby is supposed to be one of the most exciting moments for expectant parents. However, it can turn into a nightmare when medical professionals fail to take their responsibility.
The result is usually an injury at birth that affects the life of the child who was injured. Our birth injury attorneys can help a child who has been injured due to medical malpractice to obtain financial compensation for their past and future medical costs.
Medical Falsehoods
Birthing a child can be an exciting experience but medical errors made during labor and delivery could result in devastating consequences for families. Even minor problems like oxygen deficiency or abrasions in the delivery room, could cause permanent disabilities. These can require a lot of care and hinder the child from leading an active life. If you suspect that your child was injured because of the negligence of a doctor or other hospital personnel, a Bronx Birth Injury Attorney can help ensure that they are held accountable for their actions.
Medical negligence is often the cause of unforeseen medical complications during childbirth. Parents should understand that even though doctors and nurses are professionals but they are still prone to making mistakes. These errors can have grave and long-term effects for both the mother and child. They may cause irreversible birth injuries like brachial plexus or cerebral palsy injuries (arms and shoulders).
Medical negligence is defined as a health professional's breach of their legal duty to the patient, resulting in injuries or death. Your attorney must prove that the birth injury to your child was due to medical malpractice. This means that the health care provider in question didn't meet accepted standards of treatment for professionals and that the failure contributed to the injuries. This includes reviewing medical records, securing expert opinions, and identifying the policies or procedures that were not followed.
New York does NOT cap damages in medical malpractice cases. This includes birth injury lawsuits. You can therefore claim compensation for your child's ongoing and serious injuries. This can generally include past and future medical expenses, income loss from missed work, the cost of home care and therapeutic equipment as well as pain and suffering.
If your child has been diagnosed with a severe birth injury, you should seek legal advice as soon as possible. It is essential to submit your claim within the statute of limitations, which can differ based on the circumstances of your case and the age of your child.
Monitoring is not conducted properly
Medical professionals are required to observe the mother and child before, during, and after labor. In the absence of this, it could result in serious injuries, including brain damage, spinal injury, and many other conditions that require ongoing care. In most cases these injuries are caused by the negligence of obstetricians and doctors. Our Bronx birth injury lawyers can assist you in obtaining damages for your child if there was a medical error that was made during the delivery.
If a physician or other medical professional fails to take the appropriate steps during the labor or birthing process, it can be considered to be a case of malpractice. These claims can be based on a variety of factors, including misinterpretation fetal heart rates or the use of drugs during labor, or inability of the doctor to react to signs of distress in the fetus. In certain instances, these types of errors can lead to oxygen deprivation, also called hypoxic ischemic encephalopathy or ischemia. This condition stops the flow of oxygen and nutrients to the fetus, which can cause permanent and severe brain damage.
Other medical mistakes that may cause birth injuries are the incorrect use of the delivery instrument or equipment, improper handling of the baby's position that is abnormal and the administration of the wrong medication. These cases are sometimes referred to medically induced or birth trauma and can happen during vaginal and Cesarean delivery.
In a successful lawsuit for birth injuries there are a variety of types of damages that may be awarded. They are contingent upon the severity and extent of the injury. These damages may include future and past medical expenses, lost wages due to absence from work, the cost of special education requirements as well as the cost of suffering and pain.
A birth injury lawsuit can be complex, so it's important to speak with an experienced attorney as soon as you can. Our law firm has extensive experience handling these cases and we will do our best to help you get the compensation you deserve. Contact us today for a a free 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 method to avoid serious birth complications and injuries. Medical malpractice can happen when a physician fails to recognize the need for C-sections or when an error in medicine causes your child to suffer an injury such as cerebral palsy or Erb’s Palsy. A Bronx birth injury lawyer can help hold negligent parties accountable. Based on the severity of your child's injury, you may be eligible for compensation to cover financial costs (general damages) and the pain and suffering endured by your child (special damages).
In order to provide the best possible care for their patients doctors and healthcare professionals must be objective. This is especially true during childbirth. Unfortunately emotions and the desire for a healthy baby can make it difficult for these professionals.
While there are manhattan birth injury attorneys in all delivery procedures your health and wellbeing depend on the judgment of obstetricians, neonatologists, nurses, pediatricians, and other medical personnel during labor and delivery. It can be difficult to prove that a healthcare professional didn't perform their professional obligations. A successful claim depends on establishing the standard of care and proving that it was breached. It is also essential to show how this breach led to your harms.
There are a number of common mistakes that can be made during the process of delivering a C-section. Some of these errors include the misuse and overuse of medical equipment, such as vacuum extractors, forceps or excessive use of force to treat shoulder dystocia. This type of medical error can cause serious injuries, including cerebral palsy and Erb's Palsy.
Our attorneys have years of experience dealing with medical malpractice cases and can assist you in proving negligence or medical error that led to the injuries suffered by your child. Our Bronx birth injury lawyers will provide you with the legal advice that you need to get the most compensation for your child's suffering. Contact us for a no-obligation consultation.
Failure to deliver a vaginal birth
Unexpected circumstances can and do happen, even though many parents plan and prepare for their birth. A birth injury lawyer in the Bronx can help you file a lawsuit if medical malpractice or negligence is a result of the birth of your child. They will hold the person responsible accountable for the damages incurred to your family.
Many of the injuries that occur during childbirth result from a doctor's failure to recognize warning signs or take the necessary precautions prior to and during the delivery. Medical errors like those can cause birth trauma, infections brain trauma, permanent paralysis (e.g. Erb's palsy, spastic quadripesis), and even death.
The most common cause of these avoidable injuries is when doctors fail to perform a C-section when it is obvious that a vaginal delivery would present a risk that is not acceptable to the baby. Birth injuries can have devastating effects on both mother and child.
C-sections are a surgical procedure that involves cutting an incision into the abdominal wall to allow the safe passage of the infant through the vaginal canal. This is usually accomplished using a medical device known as a vacuum extractor or forceps. These devices can cause serious injuries when doctors misuse them or fail to use them correctly. One instance is nerve damage, which can lead to total or partial paralysis in infants.
A Bronx birth injury lawyer will review all evidence to determine whether your child was improperly treated or looked after. This includes electronic fetal monitor records, diagnostic test reports doctor notes and all documentation related to the instrumentation used in labor and delivery. Our lawyers will collaborate with medical experts to establish the appropriate standards of care and show how your child's injuries were caused by a breach of this duty. In addition, we can document the extent of your child's injuries as well as their impact on their future plans as well as quantify the damages that should be awarded.