Birth Injury Attorneys
The birth of a baby is supposed to be a happy moment for parents. Unfortunately, the process can be a nightmare if medical professionals act negligently.
Often, the result is an injury to the birth that affects the child's life. Our birth injury attorneys can assist a child who has been injured by medical malpractice to receive financial compensation for past and future medical costs.
Medical Falsehoods
Birthing a child can be an exciting time however, medical mistakes during labor and birth could cause devastating harm to families. Even minor issues like oxygen deficiency or abrasions within the delivery room, could lead to lifelong disabilities. These can require a lot of care and hinder a child from living a full life. If you believe your child was injured as a result of the negligence of a doctor or other hospital personnel or other hospital staff, a Bronx Birth Injury Attorney can help you ensure that they are held accountable for their actions.
Medical negligence is often the source of unintentional medical issues during childbirth. Parents need to understand that while nurses and doctors are professionals with certification but they are also human and sometimes make mistakes. These mistakes may be serious and have long-term consequences for the mother and child, including irreversible birth injuries such as cerebral palsy, brachial plexus injury (arms and shoulders), or other birth traumas.
Medical negligence is defined as a health care provider's violation of their legal obligations to the patient, resulting in death or injuries. To prove that your child's birth injury was caused by medical malpractice, your attorney must establish that the health care provider concerned did not meet the accepted standards of care for professional patients and that this failure caused the injuries in question. This involves looking over medical records, obtaining expert opinions, and identifying the policies or procedures that were violated.
Fortunately, New York does not have a limit on damages for medical malpractice cases, which includes birth injury lawsuits. This means that you could be able to recover compensation for the severity of your child's injury and for their long-term needs. This can generally include future and past medical expenses, income loss due to absence from work as well as the cost of the home and therapeutic equipment, and the pain and suffering.
If your child has been diagnosed with a serious birth injury, it is imperative to seek out a lawyer as quickly as possible. It is essential to make your claim within the applicable statute of limitations, which could differ depending on the circumstances of your case as well as the age of your child.
Failure to Properly Monitor
Medical professionals are required by law to monitor the mother and baby before and after the birth. Failing to do this can cause serious injuries like spinal cord injury, and other conditions that require ongoing care. In most cases these injuries are caused by the negligence of doctors and obstetricians. If your child has suffered an injury as a result of a medical error during delivery, our Bronx birth injury lawyers can help you claim compensation for the damage that you and your family suffered.
It is a breach of duty if the medical professional fails in their duty to take the appropriate actions during labor and delivery. These claims can be based on a variety of issues, like misinterpretation fetal heart rates or the use of drugs during labor, or inability of the doctor to recognize signs of distress in the foetus. In some cases, these types of mistakes can result in oxygen deprivation, which is called hypoxic ischemic 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 cause birth injuries include the incorrect use of instruments for delivery, mishandling of a baby's position that is abnormal and the use of wrong medication. These types of cases are usually called birth trauma or medically induced trauma, and can occur in both vaginal and cesarean births.
There is AccidentInjuryLawyers of damages that can be awarded in a successful birth injury lawsuit, and these vary based on the degree of the injury suffered by the child. These damages include the future and past medical expenses, lost wages due to absence from work as well as special education costs and discomfort and pain.
A birth injury lawsuit is complicated, which is why it's crucial to consult an experienced attorney as soon as you can. Our law firm has years of experience in handling birth injury cases. We will work tirelessly to ensure you receive the compensation you deserve. Contact us today to set up a an appointment for a free consultation. We have offices in New York City, Long Island and Philadelphia.
Failure to perform a Cesarean section
C-sections are usually the only option to avoid serious birth complications and injuries. However, if a physician is unable to recognize the need for a C-section or if a medical mistake results in your child suffering from an injury like cerebral palsy or Erb's Palsy the situation could be deemed medical malpractice. A qualified Bronx birth injury lawyer will help you hold responsible parties accountable for their wrongful actions. Depending on the severity your child's injury you could be eligible for compensation to cover financial costs (general damages) and the pain and suffering suffered by your child (special damages).
Healthcare professionals and doctors must remain focused in order to provide the highest quality of care for their patients. This is particularly true when it comes to childbirth. However emotions and the desire for a healthy child can often hinder the work of these professionals.
While all delivery procedures are not without risk your health and well-being depend on the judgment of professionals of obstetricians and other medical personnel, including neonatologists and nurses. In medical malpractice cases, proving the healthcare provider failed to meet their professional duty of care can be a challenge. A successful claim is based on establishing a minimum standard of care, demonstrating the way in which that standard was breached and describing the reason for the breach that led to the damages you've suffered.
In a C-section there are a few common mistakes that could occur. A few of these errors are the misuse and overuse of medical tools like vacuum extractors, forceps, or the overuse of force to treat shoulder dystocia. This type of medical error can cause serious injuries, such as Erb's and cerebral palsies, and brachial plexus injuries.
Our lawyers are skilled in handling medical malpractice cases and can assist you in proving the negligence or medical error that led to the injuries to your child. Our Bronx birth trauma lawyers will provide you with the comprehensive legal representation you require to secure the maximum amount of compensation you deserve for your child's suffering. Contact us today for a free consultation.
Failure to perform a Vaginal Delivery
Unexpected circumstances are possible even when parents prepare and plan their birth. A birth injury lawyer in the Bronx can assist you in filing an action in the event of medical malpractice or negligence is a result of childbirth. They will hold the responsible party accountable for any damages caused to your family.
Many of the injuries that occur during childbirth result of a physician's inability to spot warning signs and taking the necessary precautions prior to and during delivery. These medical mistakes can result in birth traumas, infections, brain injuries, and permanent paralysis. Erb's Palsy (or spastic quadripesis)) and even death could result from medical errors.
A common cause of these preventable injuries is that doctors fail to perform C-sections when it is obvious that a vaginal birth could pose an unacceptable danger to the baby. This is a form of birth injury malpractice that can cause devastating harm to the mother and baby alike.
C-sections are an operation that requires cutting an incision into the abdominal wall to allow for the safe passage of the baby through the vaginal canal. This is often performed using an instrument for medical use, referred to as a forceps or vacuum extractor. If doctors misuse these devices or fail to handle them properly, they can cause serious injuries like 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 based on the wrongful care or treatment of your child, a skilled birth injury lawyer in the Bronx will examine all evidence that is available, including electronic fetal monitoring records as well as diagnostic test results, physician notes, and any documentation related to the instruments used during birth and labor. Our lawyers can also collaborate with medical experts to establish the appropriate standard of care and demonstrate how your child's injuries were caused by a breach of this duty. We can also record the severity of the injuries your child suffered and their impact on the future plans of the child, and also calculating the damages that ought to be awarded.