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Childbirth Injury Law A good birth injury lawyer will review your medical records and get expert opinions. They will also be able to identify the policies and procedures that were violated. Your attorney will prove four elements of your claim to build an effective case. These comprise: Medical Malpractice Medical negligence refers to any act or omission by a doctor, nurse, or any other health professional that violates the standard of care for their patient. Birth injuries are typically caused by the failure to recognize or treat a condition related to birth or pregnancy. Despite being one of the world's most advanced countries however, the US still has a troubling rate of fatal and serious injuries caused by medical negligence during labor and birth. If a medical professional has committed an act of negligence, their patients can seek damages. If a lawsuit is successful the family of the victim can obtain compensation for future and past medical expenses, lost income, emotional distress, pain, and suffering. The awarding of a settlement or a verdict cannot undo the harm caused by a medical mistake however it can provide a family with the resources needed to allow their child to lead a healthy and happy life despite the consequences of their injury. To file a lawsuit against a hospital or doctor the family must show that they were harmed by the health professional's deviation from the standards of care and that the decision directly led to their injuries. To prove this, medical experts are needed to support a successful claim. Depending on the whereabouts of the family, they may face substantive and procedural obstacles to proving that they committed a crime. A lawyer experienced in the field can assist parents determine if a doctor or hospital care provider has committed medical malpractice during the delivery of their child. The first step is to schedule a no-cost consultation and thorough evaluation of the situation. A qualified attorney will review the medical records and conduct an interview to assess whether there is a legal basis for a medical malpractice claim. 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 transpired, and copies of medical records. If the medical provider refuses to consider the request or does not provide a fair amount, the family can decide to file a lawsuit. Most malpractice claims are settled outside of the court. A settlement can offer financial aid to families to cover the costs of treatment as well as other losses associated with birth injuries. Pharmaceutical Negligence The pharmaceutical companies that produce the drugs are responsible to pregnant women with a duty of care in order to ensure that the drug is safe. If the drug makers fail to meet this duty of care they may be held accountable for birth injuries caused by their drugs. Pharmaceutical negligence claims are based on theories of the liability of product liability, breach of warranty, and negligence as a whole. Medical malpractice during childbirth may cause serious injuries to mothers and infants. If you suspect your child was injured because of a medical mistake during labor and birth and you suspect that your child was injured, contact an New York birth injury lawyer as soon as possible to discuss legal options. In the majority of cases a successful claim for medical malpractice or birth injury requires proving that your obstetrician and other hospital staff members did not fulfill their duty of care. This means they acted in a manner that is in violation of a commonly accepted standard of medical care in similar circumstances. The attorney will consult medical experts to determine the appropriate standard, and then determine if the defendant acted in accordance with this standard in your specific situation. There are many types of medical negligence that can lead to birth injuries, such as failure to monitor the mother for signs of complications, misdiagnosis, improper treatment, surgical mistakes and the inability to perform an emergency C section when required. These medical mistakes can result in serious injuries to the mother or child including brain damage, spinal injuries, and even loss of limbs. In a lot of cases, injuries to a baby or mom result from an umbilical cord issue. Cord prolapse happens when the cord is wrapped around the neck. Cord entanglement occurs when the cord is inserted into the birth canal prior to the baby's birth. These issues are easily identified and should be addressed as quickly as possible, however, they can sometimes go unnoticed. The consequences of injuries and deaths resulting from medical negligence during the birth of a child can be devastating for families. They can lead to lifelong disabilities, emotional stress and financial hardship. A New York birth injury lawyer can help you get the compensation you deserve. Hospital Negligence The birthing process is a delicate one for both the mother and baby. Any medical mistakes made during labor and birth could result in devastating consequences. Even the tiniest delay in the delivery of oxygen to the newborn brain could result in Erb's or cerebral palsy. Some birth injuries cannot be avoided, however other complications can be prevented by timely and appropriate medical attention. Families who have suffered life-altering injuries as a result of the negligence of hospital staff during delivery frequently contact our firm. In these instances the possibility of a lawsuit is brought against the doctors, nurses and hospitals that offered treatment. The lawsuit seeks financial compensation for the cost of long-term treatment, care and other costs. A hospital negligence claim starts with an medical malpractice report that is filed with the appropriate state agency. This is typically the Office of Patient Safety, or the State Medical Board. This is the formal start of legal proceedings. They comprise a detailed written complaint, a request for documentation from healthcare professionals, and medical expert opinions. In a lot of cases of medical negligence during pregnancy and labor, infections are caused by the ineffective use of instruments by medical professionals, the inability to recognize and treat medical issues in mothers such as preeclampsia or gestational diabetic, or the improper management of complications like stress on the fetus. In certain instances these mistakes could lead to septic shock, which could be deadly for both mother and baby. Other cases 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 incorrect use of forceps or vacuum extractors. When these injuries occur, they can have lasting effects, such as physical and mental impairments. In some cases the injuries could lead to wrongful death. In these cases, a family's ability to pursue an action will be governed by strict legal deadlines known as statutes of limitation. Families who suffer injuries will not receive the compensation they deserve when they do not file a lawsuit within the stipulated timeframe. Birth Trauma Many birth injuries are caused by negligence or medical malpractice at the hospital. Families deserve fair compensation when this happens for future medical expenses and loss of earning potential, physical and emotional suffering, and loss of enjoyment of their child's life. It is important to have an attorney who understands how to prove that a health care provider's actions fell below the standards of professional care. This involves consulting with experts and examining medical records to discover guidelines, protocols and procedures that were violated. Witness testimony can be a powerful tool in establishing poor medical care, too. An experienced lawyer for birth injuries will have a network of medical experts to evaluate your case and provide opinions regarding the appropriate level of care in the particular circumstances. He or she will also know about the statutes of limitations and other procedural requirements in your state. These elements could have a significant impact in the outcome of your claim. A top birth trauma lawyer will also have the resources to bring a lawsuit against negligent hospitals, doctors and other medical providers. They will collaborate with the insurance company for the hospital to recover an appropriate settlement for your family. If a settlement cannot be reached, your lawyer can take your case to court. There, the jury or judge will decide whether the hospital or the doctor is responsible for your child’s injury. Doctors and hospitals typically settle medical malpractice claims rather than risking a high verdict in court. Juries are also known to be sympathetic to children with disabling conditions and could award a large sum. erbs palsy attorney accidentinjurylawyers won't reverse the damage caused to your child but it can be used to pay for therapy equipment, home accommodation, and other expenses. It can also reduce anxiety and stress that can come with the trauma of birth.