A Birth Injury Attorney Can Help You File a Claim
Parents who are able to prove that medical professionals caused a birth injury have the right to bring a lawsuit. However, there is a specific time period, referred to as the statute of limitations within which these cases must be filed.
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 labor involves the use of drugs or other methods to stretch the cervix. Doctors generally recommend inducing labor when the baby's health is in question or if vaginal birth is not likely. However, if doctors induce labor unnecessarily it can result in serious injuries for the mother and infant. If your doctor instigated labor unnecessarily and it caused injury to you or your child, you could be entitled to compensation.
In medical malpractice cases a judge will decide if the defendant's actions were below the standard of care. The standard of care is based on the established medical customs and practices. Medical experts usually testify as to the appropriate standard of treatment in the specific circumstances.
The process of causing labor when necessary can lead complications like uterine rupture and bleeding that is severe (postpartum haemorrhage) or a failure of vaginal birth. These issues can be detrimental for both mother and child, and even cause death.
Women should be aware of the possibility that they could decide to wait until labor starts naturally. If a doctor attempts to convince them that an induction is required then they should discuss it with the doctor who will be performing the delivery. They may also request an additional opinion from a different doctor.
In New York, a birth injury lawyer can assist you to determine what your claim is worth. In the initial consultation, the lawyer will usually review your case and explain the amount you might be entitled to. This could include financial compensation for medical costs, pain and suffering and loss of consortium.
A birth injury lawyer can also help you obtain the medical records required for your claim. Medical providers are obliged to provide patients with medical records unless they have a valid reason to refuse. It is essential to obtain your medical records as soon as you can. This will stop them from being destroyed or lost.
It is essential to find an New York birth injury lawyer as soon as you can after the birth of your child. The earlier your lawyer can make a convincing case against the negligent healthcare provider, the better your chances of securing maximum compensation.
Broken Bones
The human skeleton guards organs, gives us a shape and allows us to move. The musculoskeletal system is made up of joints, bones ligaments, tendons and ligaments. Damages to these structures can cause extreme pain. A fracture is the most serious injury. It is when a break or crack occurs in a bone. A fracture can be detected by pain, swelling and changes in appearance and numbness or tingling in the affected area. Children should see an experienced doctor if they exhibit any of these symptoms.
Fractures can occur anyplace on the body, but clavicle breaks are most common, occurring in 1 to 2% of newborns. These injuries can be extremely severe if they are not treated promptly, and may cause long-term complications, including permanent disability.
A lawyer can assist you determine if your child's fractured bones are the result of medical negligence and what compensation you might be entitled to receive. Most cases are settled through negotiations with defendant's insurer, but some cases go to trial.
It is essential to engage an experienced attorney early on in the process. The lawyer will go over the evidence, consult with medical experts and ensure that your claim is supported by evidence. The lawyer can also assist with legal issues during the trial, if necessary.
If you or your child was injured by a nurse, doctor or other healthcare professional it is likely you will be awarded damages for your losses. You could be entitled to compensation for your medical bills, income loss due to your inability to work, as well as the costs of treating your child's injuries, including rehabilitation, therapy, or nursing. A New York City personal injury lawyer from Meirowitz & Wasserberg can help you determine whether you have a claim and assist with the process of filing. Contact the firm now to schedule a no-cost consultation. You must file your claim within 3 years of the injury.
Inability to detect Umbilical Cord Problems
The umbilical cord carries essential oxygen and nutrients from the mother to the child and eliminates waste. During pregnancy, doctors undergo training to detect and treat problems with the cord. birth injury law information of these problems are visible on ultrasounds, however, others may not be noticed until labor and delivery begins.
If a doctor does not identify and treat an issue in the umbilical line, the baby could suffer long-term damage. This could result in cerebral palsy or cognitive disabilities depending on the severity. If you believe your child was born with an injury because of the inability of medical professionals to properly monitor the mother's and infant's health and health, it is crucial to contact a medical malpractice lawyer.
A condition of the umbilical cord can cause blood flow to be restricted to a baby. This could lead to life-threatening complications such as brain damage, organ failure and seizures. These issues can be avoided by closely monitoring the mother and child during pregnancy, labor and the birth.
Entanglement, knotting and compression are a few of the most serious issues with umbilicals. In most cases, these issues can be avoided through diligent monitoring and early intervention. But when a doctor or nurse isn't taking these steps and the child is not properly monitored, it could result in seriously injured.
If the umbilical cord gets knotted, it can hinder proper blood flow to the infant and can be fatal. If the cord is knotted, it can also prevent normal flow of blood and oxygen, which could cause brain damage and other serious injuries.
Sometimes, the cord can slide into or pass through the birth canal prior to or after the birth and cause prolapsed umbilical cord. This can also restrict blood flow and cause other life-threatening complications like respiratory failure and brain damage.
In cases where the cord is compressed, strict monitoring is necessary and a C-section must be considered to avoid serious injury. Inability to identify and treat any problem with the umbilical cord is a medical error that can be considered malpractice if other doctors of similar expertise and training would have recognized the issue through monitoring and responded accordingly.
Birth Injuries
Birth injuries can be devastating for both the baby and their parents. They can cause injuries that last for a lifetime, or even cut short the life of a child completely. Medical malpractice can lead to injuries that can be prevented if hospitals and doctors react quickly to any complications. Contact a New York City birth injuries lawyer immediately if your child was injured when he was born because of medical negligence. They will review your case to assist you receive the compensation you need.
A skilled lawyer for birth injuries will employ a broad approach to establishing your case and proving you have the right to compensation. They will consult with medical experts to help establish that the medical professional violated a standard of care and caused harm to your child. They will also collaborate with financial experts to estimate damages for future and past losses. These losses can include future and past medical expenses and loss of earning potential, home nursing, specialized equipment and medications, therapy, rehabilitation and therapy, and more.
The legal process is complex and time-consuming, however your attorney must be able to devote sufficient time and effort to your case. They should be competent to answer all of your questions about the claims process and the time it will take for your case to be resolved. They should be willing to negotiate with the insurance companies or to take your case to court if needed to ensure the best possible outcome for you.
You should never accept an offer to settle without consulting with your lawyer prior to accepting it. If you agree to an agreement, you generally forfeit your right to pursue further compensation in court. Even if you think that your initial offer is reasonable, it's likely to be less than your total case value. A New York City birth injury lawyer will guide you through the options available and rights before you accept any offers. They will also inform you if your child's illness is eligible for inclusion in the Medical Indemnity Fund of New York State, which can pay for some expenses related to treating a birth-related injury.