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There are always complications even though advances in medicine have made childbirth safer. If you suspect that your child was injured during labor or delivery because of negligence, filing a lawsuit could hold those accountable to account.
A successful claim for birth injury can provide compensation for future and past medical costs loss of wages, pain, suffering, and reduced quality of life. To learn more about filing a claim consult an experienced New York birth injury lawyer.
Prevention of Birth Injuries
Many birth injuries occur due to medical negligence or a failure to properly diagnose and treat an issue during pregnancy. Injuries that are severe can leave an infant with permanent disabilities. Some can even cause tragic consequences.
A birth injury lawyer can help families dealing with the aftermath of a preventable birth injury. Parents are often left with feelings like sadness, shock and anger. Parents might also be wondering how the accident occurred and whether it could have been avoided.
Injuries can vary in severity and affect different areas of the body however, they all result in neurological or physical impairments. A serious brain injury can cause physical or mental disability for the rest of a child's life. Other injuries, such as damage to the facial nerve or brachialplexus may result in disability of the hand or arm.
Some birth injury lawyers injuries can be caused by congenital disorders and inevitable complications during labor. However, other birth injuries can be avoided if doctors or nurses take the proper precautions.
It is important to speak with a reputable birth injury lawyer as soon as you can if a child is suffering from an injury during birth. A lawyer who has experience can review medical records to determine whether the injury occurred by a medical error that could have been avoided. They can assist parents with filing an injury compensation claim and aid in submitting claims. This compensation could be used to pay for treatment that can improve the condition of children.
Birth Trauma
If medical professionals fail adhere to the standards of care during pregnancy, childbirth and during the neonatal period, the results can be devastating for both mother and child. This is known as medical negligence. A successful lawsuit will help to hold these medical professionals accountable for their mistakes which will result in financial compensation for the family.
In addition to addressing future and past medical expenses, the settlement or award made by the court will also cover non-economic losses like pain and suffering. These damages are based on the severity of the injury and its effect on the quality of life of the child including physical and emotional suffering and emotional anxiety.
Some birth injuries are totally preventable. For example the baby is deprived of oxygen during delivery or head trauma, this can lead to brain damage and permanent impairments, like cerebral palsy. Birth injuries are preventable when medical staff fail detect and treat jaundice in a newborn that can cause the development of kernicterus.
It is crucial to look at the level of experience and expertise of a New York birth injuries attorney. A birth injury lawyer with experience has the track record of achieving success. They should also be conversant with the statute of limitations for filing a birth injury lawsuit. They should also have an knowledge of how they can deal with corporate insurance defense attorneys in the litigation process.
Medical Malpractice
All medical professionals have a duty to provide their patients with an excellent standard of treatment. Inability to meet this requirement is considered medical malpractice. This kind of negligence could cause life-changing injuries that require ongoing care, expensive medical equipment, as well as a diminished quality of life.
In a majority of instances, these kinds of injuries are avoidable. However, hospitals and doctors who make such mistakes will fight to prove their negligence. Their insurance companies have lawyers on staff who solely focus on protecting them from medical malpractice claims. It is crucial to have your own experienced lawyer who is able to fight for you and your child's best interests in court.
Your lawyer will be able to explain your legal rights and assist you in filing claims against medical professionals who caused the injury to your child. They will also review the evidence that supports your case that could include witness testimonies and medical records. They can also hire experts to examine your case and provide an opinion on whether your doctor's conduct was negligent, or under the acceptable standards of professional practice.
Your lawyer can also negotiate an agreement with the defendant's insurance company and the defendant in order to settle your claim. If a settlement is not reached, your attorney could present your case before jurors and a judge.
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