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Although medical advances have made childbirth safer there are still risks. If you think that your child was injured during labor or delivery because of negligence, bringing a suit can hold those responsible to accountable.
A successful birth injury claim could pay compensation for future and past medical expenses, lost wages, suffering and a diminished quality of life. To find out more about filing a claim, get in touch with an experienced New York birth injury lawyer.
Birth Injury Prevention
Medical negligence or the inability to recognize and treat a problem during pregnancy can cause a number of birth injury lawsuits injuries. Serious injuries may leave a child with disabilities that last for a lifetime. Some can even cause disastrous consequences.
A birth injury lawyer can assist families deal with the aftermath of a preventable birth injury. Parents are often left with feelings like sadness, shock and anger. They may also be thinking about how the injury happened and if it could have been avoided.
The severity of injuries can vary and they can affect different areas of the body. However all injuries result in neurological or physical impairments. A severe brain injury can cause physical or mental impairments for the rest of a child's life. Other injuries, such as damage to the brachialplexus or facial nerve could result in disability of the arm or hand.
Some birth injuries are caused by congenital conditions and unavoidable complications in labor. Other birth injuries can be avoided by nurses and doctors taking the appropriate precautions.
If a child is suffering from an injury to their birth it is crucial to seek out an attorney for birth injuries right as soon as possible. An experienced lawyer can review medical records to determine whether the injury occurred by a medical mistake that could have been avoided. They can also help parents to file a claim and seek compensation. This compensation can be used to fund treatment that can improve the condition of a child.
Birth Trauma
When medical professionals fail follow the highest standards of medical care during childbirth, pregnancy and during the neonatal stage the consequences can be catastrophic for both mother and infant. This is known as medical malpractice. A successful lawsuit could help the medical professionals to be held accountable for their negligence and could result in financial compensation to the family.
In addition to covering the medical expenses of the past and future, the settlement or award imposed by the court will also cover other damages like suffering and pain. These damages are based on the severity of the injury and its effect on the quality of life of the child, including their physical and emotional pain, as well as emotional distress.
Certain birth injuries can be avoided. For instance when a newborn suffers from oxygen deprivation during birth or a head injury that can cause brain damage and permanent impairments, like cerebral palsy. A preventable birth injury can occur when medical staff fail to detect and treat jaundice in newborns, which can lead kernicterus.
When searching for a New York birth injury attorney it is essential to take into consideration their level of experience and knowledge in this area of law. An experienced birth injury lawyer will have a proven track of success in similar cases. They should also be conversant with the statute of limitations for filing a birth injury lawsuit. They should also have a good understanding of how to deal with corporate insurance defense attorneys in the litigation process.
Medical Malpractice
All medical professionals are required to provide their patients with an excellent standard of care. Inability to meet this requirement is considered to be medical malpractice. This type of negligence can result in life-altering injuries that require ongoing medical treatment, costly medical equipment, as well as a diminished quality of life.
These types of injuries are often prevented. However, the hospitals and doctors who commit these kinds of mistakes will fight to defend their negligence. Their insurance companies employ teams of full-time attorneys whose sole purpose is to defend them from medical malpractice lawsuits. It is important to have an experienced attorney who can fight for your child and you in court.
Your lawyer will be able to explain your rights under the law and help you file a claim against the medical professional who caused the injury to your child. They will also review the evidence presented in your case that could include the testimony of witnesses and medical records. They can also employ expert witnesses to review your case and provide an official opinion as to whether your doctor's behavior was negligent or was not in line with the accepted standards of professional treatment.
Your lawyer may also negotiate a settlement with the defendant's insurance company and the defendant in order to settle your claim. If a settlement cannot be reached, your attorney could present your case to jurors and a judge.
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