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Complications can occur despite the fact that advances in medicine have made childbirth more secure. If you believe that your child was injured during labor or delivery due to negligence, bringing an action against the parties accountable.
A successful birth injury claim could pay an amount of money for past and future medical expenses, lost wages, suffering and a diminished quality of life. To learn more about filing a claim, contact an experienced New York birth injury lawyer.
Prevention of Birth Injuries
Medical negligence or failure to identify and treat a problem during pregnancy can lead to many birth injuries. The consequences of serious injuries can cause a child to suffer from disabilities that last for a lifetime. Some injuries may be fatal.
A birth injury attorney can help families who are dealing with the aftermath of an avoidable birth injury. Many parents are left with feelings of sadness, grief or anger, as well as confusion. They may also be thinking about why the injury occurred and if it could have been prevented.
The severity of injuries can vary and affect specific areas of the body, however, they all result in physical or neurological impairments. A serious brain injury could result in physical or mental disability for the rest of a child's life. Other injuries, such as damage to the brachialplexus or facial nerve may result in the paralysis of the hand or arm.
Some birth injuries can be caused by congenital diseases and unavoidable complications in labor. However other birth injuries may be preventable if doctors and nurses take the proper precautions.
It is essential to speak with a reputable birth injury lawyer as quickly as you can if your child has suffered trauma at birth. A lawyer with experience can examine medical records to determine if the injury was caused due to a medical error that could have been avoided. They can also assist parents in filing a claim, and seek compensation. This compensation could be used to pay for treatments that could improve the condition of a child.
Birth Trauma
If medical professionals fail to adhere to standards of care during pregnancy, childbirth and during the neonatal period the consequences could be catastrophic for both mother and child. This is known as medical malpractice. A successful lawsuit can the medical professionals to be held accountable for birth injury attorney their mistakes and result in financial compensation for the family.
The settlement or award awarded by the court will cover past and future medical costs, as well as other damages that are not economic, like pain and suffering. These damages are determined by the severity of the injury and its impact on the quality of life of the child, including their physical and emotional pain, as well as emotional anxiety.
Certain birth injuries are completely avoidable. For instance the baby is deprived of oxygen during birth injury law firms or a head injury that can cause brain damage and permanent disabilities like cerebral palsy. Another preventable birth injury is when medical staff fails to detect and treat a newborn's jaundice which can result in kernicterus.
When looking for an New York birth injury attorney, it is important to take into consideration their level of experience and knowledge in this area of law. A birth injury attorney with experience has the track record of achieving success. They should also be aware of the time limit in their state when it comes to filing a lawsuit for birth injury. They should also have a good understanding of how to work with corporate insurance defense lawyers during the litigation process.
Medical Malpractice
All medical professionals are obliged to provide a high level of care for their patients. Failure to adhere to this duty is considered medical malpractice. This type of negligence can result in life-changing injuries that require expensive medical equipment and ongoing treatment.
In most instances, these kinds of injuries are avoidable. The hospitals and doctors who commit these errors will fight to defend any negligence. Their insurance companies have lawyers on staff whose sole focus is on defending them against medical malpractice claims. It is crucial to have your own experienced attorney who knows how to advocate for your and your child's best interests in court.
Your lawyer can help know your rights under the law and make a claim against the medical staff that caused the injury to your child. They can also look over the evidence in your case, which includes witness testimony and medical records. They can also employ experts to review your case and provide an opinion about whether your doctor's actions were negligent or not in line with the acceptable standards of professional practice.
Your lawyer may also negotiate a settlement with the defendant's insurance company and defendant to try to settle your claim. If a settlement cannot be reached, your attorney is able to present your case to a judge and jury.
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