Bronx Birth Injury Attorney
A birth injury for a child can have serious consequences. In a majority of instances, the injuries are caused by medical errors before or shortly after birth.
Parents may be able to file a medical malpractice claim. A knowledgeable Bronx birth injury attorney can review the details of the case and assist families seek compensation.
Birth Injuries: Causes
Parents expectant of a child place a great deal of trust in medical professionals to keep them healthy and safe during pregnancy and childbirth. However, nurses and obstetricians should be prepared for unexpected, since birth injuries can occur due to a variety of reasons that include medical malpractice, or other mistakes that are preventable.
If your child was injured as a result of an error in medical care it is possible to pursue financial compensation by filing an injury lawsuit brought against the doctor, hospital or any other medical professional responsible. A Bronx birth injury lawyer can assist you to collect and review medical records, consult with medical experts, and show that the injuries sustained by your child were caused by another party's negligence.
Certain birth injuries require lifetime medical attention and treatment. This is why it is crucial to consult with an attorney who has experience in these types of cases and can provide the advice you need to make an informed decision about going forward.
The most common birth injury is cerebral palsy which is a permanent disability that impairs the brain's capacity to send signals and regulate body movements. This condition usually results from the lack of oxygen during childbirth, such as when obstetricians fail to deliver the baby in a timely fashion.
Other serious birth injuries include clavicle fractures (collarbone) and spinal cord injuries. Cramping, also known as sudden contractions, are one of the most common symptoms of a spinal cord injury and should be treated as an immediate emergency, because they could hinder the flow of blood to the brain. Erb's Palsy and shoulder dystocia are also conditions that can cause severe birth trauma. These are caused by excessive twisting or pulling of the baby during delivery.
Many children who have birth injuries will require wheelchairs and other adaptive gear to help manage their symptoms and to lead a full-time, independent life. Many families are unable afford these treatments which can be expensive. Birth injury lawsuits can help families get compensation for the costs of treatment and the loss of quality life caused by their injuries.
A Bronx birth injury attorney can review your child's situation for free and determine if you're eligible to bring a lawsuit against the hospital, doctor or any other medical professional who is responsible for their child's injuries. Medicaid could reimburse a portion of the settlement amount for services rendered to your child.
Medical Errors
Many birth injuries are the result of medical errors that are made during labor and delivery. These errors can result in severe and permanent injuries, which require a lifetime treatment for the child and are often avoided. In these instances, families deserve to be compensated for the results of these medical errors. A Bronx birth injuries attorney can assist families in obtaining the compensation they require to ensure that their child enjoys a an enviable and secure future.
These medical errors include:
Failure to Diagnose - Doctors must monitor and assess the health of the mother and fetus in order to ensure that they are aware of any maternal or fetal issues that could cause injuries during the delivery. Inability to do this is the leading cause of birth injuries.
Improper Use of Forceps and Vacuum Extractors - These tools are often necessary during difficult deliveries, but they can also be dangerous for the baby. If a physician fails to deal with a situation which a baby gets stuck, or makes use of vacuum extractions or forceps in a way that is not properly the baby could be injured, such as trauma to the spine and nerves.
These injuries can affect the entire body of a child, or only specific areas. longview birth injury attorneys known as cerebral palsy, that affects the spinal cord and brain can have a devastating effect on a child's daily life. Klumpke's and Erb's Palsy are two other conditions that affect muscles and nerves.
A successful claim for birth injuries will require proving that the healthcare professional acted negligently and that their actions were directly at fault for the injuries suffered by your child. An experienced lawyer will examine the medical records of all patients and consult experts to establish a level of care that was not adhered to by the healthcare professional.
You may be able to recover damages for a medical mistake during pregnancy or the birth. This includes future and past medical costs such as therapy, rehabilitation medications adaptive equipment and lost wages. Additionally, you could be legally entitled to damages that are not economic like pain and discomfort. Medicaid may be able to reimburse a part of the settlement.
Birth Trauma
Many expecting parents are eagerly awaiting the birth of their baby and hope that their baby will be healthy. However, it is not always easy and medical mistakes can occur that can cause serious injuries to the mother and baby. A Bronx medical malpractice lawyer can help the family to seek financial compensation for their losses.
An experienced lawyer will review all the circumstances leading to the birth injury suffered by your child and determine if there are grounds to file a suit against the doctor, nurse or any other health professional who caused the injury. In most cases, a successful lawsuit is based on the proof that the medical professional was not following the standard of care. This usually involves providing medical records such as electronic fetal monitor records and surgical notes, diagnostic test results, and other medical documents. A lawyer can also collaborate with medical experts as well as vocational and physical therapy, psychiatrists and other specialists to establish the value of your child's injuries as well as their long-term impact on your family's quality of life.
If the child is born with an injury to their birth it could be necessary to provide extensive and expensive medical treatment, including treatment, medication as well as rehabilitation. These costs can quickly add up because they are usually ongoing. A lawyer will assess the injuries sustained by your child and help you obtain financial compensation to cover current and future costs.
In addition to medical costs A birth injury can cause significant emotional distress. This can be due to the birth trauma itself, or the consequences of a medical error that occurred during the birth or during the birth. Psychological or emotional trauma can be as damaging to a family as physical birth injuries, and is also worth pursuing.
It is crucial to seek legal advice immediately when your baby is suffering a birth trauma. The longer you put off the longer it takes to prove an medical error or negligence that led to the injuries to your child. It is possible that the time limit has passed and you'll be exempt from bringing a lawsuit. A knowledgeable Bronx birth injury attorney will help you file an appropriate lawsuit within the time frame.
Statute of limitations
Medical professionals can cause birth injuries to newborns and parents that result in high medical costs and long-term care. A skilled Bronx birth injury lawyer can help families get the financial compensation they need for their child's injuries.
The key is to prove negligence to the success of a birth injury. This involves the establishment of a medical standard for care. These are the accepted practices and protocol that a healthcare provider would follow in a comparable situation. It also involves showing how the doctor deviated from this standard of care, which is typically done through expert testimony.
Your attorney can gather and review medical records, talk to medical experts, and even interview family members to build an argument on your behalf. The attorney can use the evidence to prove that a medical professional was negligent during your child’s birth and that negligence led to your child's injury.
A successful claim can include the payment of past, present and future medical expenses as well as rehabilitation costs, medication and home modifications in addition to suffering and pain. It could also include emotional distress, and the impact of the injury on the child's life quality and their relationship with their parents or siblings.
Since many birth injuries aren't apparent immediately, it's important to consult a skilled lawyer as soon as you suspect a problem during pregnancy or post-birth. If you delay too long time, the statute of limitations will run out and you may not be able to sue for damages.
In New York, the statute of limitations for medical malpractice claims is two years and six months for minors. However, this may differ based on the circumstances of the birth injury suffered by your child. An attorney for medical malpractice can help you decide when to file your claim. The earlier your lawyer gets involved, the greater chances you will have of obtaining an outcome that is successful. This will give your child the best chance to receive the proper medical care and financial compensation they need.