A Birth Injury Attorney Can Help You File a Claim
Parents who can prove that medical professionals caused a birth injury are entitled to bring a lawsuit. However there is a particular period of time, known as the statute of limitations, within which cases need to be filed.
Building a strong case requires careful research and an in-depth knowledge of the law. It may also be necessary to employ expert witnesses.
Failure to Induce Labor
Inducing labour involves the use of drugs or mechanical methods to stretch the cervical cervix. Doctors generally recommend inducing labor when the baby's health is in question or if vaginal birth is not likely. When doctors induce labor in a way that is not necessary, it can result in serious injuries to the mother and child. If your doctor instigated labor unnecessarily and it resulted in injury to yourself or your child, you could be entitled to compensation.
In medical malpractice cases, a judge will decide if the defendant's actions fall below the standard of care. The standard of care is determined by established practices and customs in the medical profession. Medical experts typically testify to the proper standard of care in the particular conditions.
Failing to induce labor when it is necessary could result in complications like rupture of the uterus, infection severe blood loss (postpartum hemorrhage), and the failure of vaginal delivery. These issues can be detrimental for both mother and child, and even cause death.
Women must be aware of the possibility that they could decide to wait until labor begins naturally. If a doctor attempts to convince them that an induction of labor is required, then they should discuss the matter with the doctor who will be performing the delivery. They can also request an additional opinion from a different doctor.
A New York birth injury lawyer will assess the value of your claim. During the initial consultation the lawyer will typically review your case and explain the amount of compensation you could be entitled to. This can include monetary damages for medical treatment as well as suffering and pain, loss of consortium, and many more.
A lawyer for birth injuries can also assist you with obtaining the medical records necessary for your claim. Patients are entitled to request medical records, and doctors must supply the records unless they have a reason to not do so. Obtaining your medical records promptly can keep them from being lost or destroyed.
It is essential to find an New York birth injury lawyer as early as possible after your child's birth. The sooner your lawyer can build a strong case against the negligent healthcare provider, the higher your chances of securing the maximum compensation.
Broken Bones
The human skeleton provides structure to the body, protects organs and makes it possible for us to move. Bones, joints, tendons and ligaments comprise the musculoskeletal structure, and injuries to these structures can be extremely painful. A fracture is the most serious injury. It happens when a crack or break occurs in the bone. The signs of a fracture are pain, swelling that is either slow or rapid, a change in the appearance of the injured area and numbness or tingling sensations in the affected limb. Children should be examined by a doctor if they have any of these symptoms.
Fractures can occur anywhere on the body, but are most commonly associated with clavicle injuries, which are found in 1 to 2 percent of newborns. These injuries can be very severe if not treated right immediately, and could cause long-term complications, including permanent disability.
A lawyer can help determine whether your child's fractured bone is the result of medical malpractice and what you could be entitled to. Most cases are resolved through settlement negotiations with the insurance company that represents the defendant, but sometimes the case will go to trial.
It is essential to engage an experienced attorney early in the process. The lawyer will look over the evidence and consult with experts in the medical field to ensure that your claims are well-substantiated. The lawyer can also help with legal matters during the trial, if necessary.
If you or your child was injured by a doctor, nurse or any other healthcare professional, it is likely that you will be awarded damages for your losses. You could be entitled to compensation for medical bills, lost income because of your inability to work, and the cost of treating your child's injuries, which could include rehabilitation, therapy, and nursing. Meirowitz & Wasserberg, a New York City personal injuries lawyer, can help determine whether you have a case and assist you in filing your claim. Contact Meirowitz & Wasserberg today to arrange a free consultation. The law requires that you file your claim within three years of the injury.
Inability to recognize Umbilical Cord Problems
The umbilical cord transports oxygen and nutrients from the mother to the child and also removes waste. During pregnancy, doctors receive training to identify and treat any problems with the cord. Some of these problems are evident on ultrasounds but others might not be noticed until labor and delivery begins.
If a doctor does not identify and treat a problem with the umbilical cord, an infant may suffer permanent damage. The severity of the injury this can include cerebral palsy, cognitive impairments as well as other ailments. You should consult a medical malpractice attorney in the event that you believe your baby was injured at birth due to a lack of care by a medical professional in monitoring the health of the mother as well as the infant.
An umbilical cord issue can limit the flow of blood to a baby, which can lead to life-threatening complications such as organ failure, brain damage seizures, and organ failure. This can be avoided by closely monitoring mother and child during pregnancy, labor and the birth.
Entanglement, knotting and compression are some of the most serious issues with umbilicals. Most often, these issues can be prevented through diligent monitoring and early intervention. When a doctor or nurse does not take these measures, an infant can be seriously injured.
If the umbilical cord is tied, it could hinder proper blood flow to the baby and can be fatal. If chicago birth injury attorneys is knotted it could also block normal blood flow and lead to an absence of oxygen, which could lead to permanent brain damage and other serious injuries.
A prolapsed or slipped cord is an issue where the cord strays into or past the birth tube before or with the baby. This can also cause blood flow to become restricted and lead to life-threatening complications such as brain damage and respiratory failure.
In the event that the cord is compressed strict monitoring is necessary and a C-section should be considered to avoid severe injuries. Failing to diagnose and address a problem with the umbilical cord an error in medicine that could be considered a malpractice if other doctors of similar expertise and training would have detected the problem by monitoring and responded appropriately.
Birth Injuries
Birth injuries can be extremely devastating for babies and their parents. They can cause disabilities to last a lifetime, or even reduce the lifespan of a child. The majority of injuries are caused by medical negligence and can be prevented by hospitals or doctors who act quickly to respond to the occurrence of complications. Contact a New York City birth injuries lawyer immediately if your child was injured when he was born due to medical negligence. They can review your case and assist you to file a claim for the full amount of compensation you are entitled to.
A skilled birth injury attorney will use a holistic approach to establishing your case and making your claim convincing. They will consult with medical experts to help establish that the medical professional did not meet a standard of care and caused harm to your child. They will also consult with financial experts to determine damages for future and past losses. These losses can include past and future medical expenses and loss of earning potential, home nursing, specialized equipment and medicines, therapy rehabilitation and therapy, and more.
The legal process can be a bit complicated and lengthy. Your attorney will need to be able to devote enough time and effort to your case. They should be able to answer all your questions regarding the claims process, and how long your case will take to settle. They should also be prepared to negotiate with insurance companies, or bring your case to trial if necessary to get the best outcome for you.
Never accept any settlement offer without consulting with your lawyer prior to accepting it. You usually forfeit the right to pursue further compensation at court when you accept a settlement. Even if you think that your initial offer is reasonable but it's likely to be less than your full amount of case value. A experienced New York City birth injury lawyer will guide you through your rights and options prior accepting any offer. They can also advise you if your child's condition qualifies for enrollment in the Medical Indemnity Fund of New York State, which can pay for some expenses associated with the treatment of a birth injury.