Bronx Birth Injury Attorney
When a child suffers a birth injury, it can cause a lot of harm. In a majority of cases, the injuries are caused by medical errors prior to or shortly after the birth.
Parents may be able to submit an action for medical malpractice. A Bronx birth injury lawyer can review the facts and help families seek compensation.
Causes of Birth Injuries
Expectant parents place a lot of trust on medical professionals to keep them safe throughout the entire pregnancy and childbirth. However, obstetricians and nurses should be prepared for unexpected, since birth injuries can be due to a variety of reasons that include medical malpractice, or other preventable errors.
You may be able to receive an amount of money if your baby was injured as a result of a medical error. This can be done through a lawsuit against the hospital or the doctor accountable. A Bronx birth injury lawyer can assist you to gather and review medical records, consult medical experts and prove that your child's injury was caused by negligence.
Certain birth injuries require lifetime treatment and care. It is important to find an attorney who is experienced with these kinds of cases and can provide the guidance you need in order to make an informed decision.
The most frequent birth injury is cerebral palsy, which is a permanent disability that hinders the brain's ability to send signals and regulate body movements. This condition often results from the lack of oxygen during childbirth, for instance, when an obstetrician fails deliver the baby in a timely manner.
Other serious birth injuries include fractures of the clavicle and spinal cord injuries. Cramping, or rapid contractions, are one of the most common symptoms of an injury to the spinal cord and should be treated as an emergency, because they could hinder blood flow to the brain. Other conditions that can cause a severe birth injury include shoulder dystocia and Erb's palsy. These conditions result from excessive pulling or twisting during birth.
Many children with a physical birth injury will require wheelchairs and other equipment for adaptive use to manage their symptoms and live an independent life. These treatments can be expensive and many families struggle to pay for these treatments. A birth injury lawsuit can help them to recover compensation for the costs of treatment required and the loss of quality of life that their injuries have caused.
A Bronx birth injury lawyer will evaluate your child's case for free and determine whether you're eligible to bring an action against the doctor, hospital or medical professional accountable for the injuries suffered by their child. In some situations, a portion of the settlement could be paid back by Medicaid for services offered to your child.
Medical Errors
Many birth injuries result of medical mistakes that occur during labor and birth. These mistakes can lead to serious and permanent injuries, which require a lifetime of care for the child, and often, they can be prevented. Families affected by these types of incidents need compensation for medical errors. A Bronx birth injury lawyer can assist families to receive the compensation they need to ensure that their child has an ideal and secure future.
These medical errors include:
Failure to Diagnose - Doctors must observe and assess the health of the mother and the fetus to ensure they are aware of any maternal or fetal complications that could lead to an injury during birth. Birth injuries are often caused by doctors failing to identify the problem.
Incorrect use of forceps and Vacuum Extractors - These tools are often required in difficult births but they are also dangerous for the baby. If a doctor is unable to handle a situation in where a baby becomes stuck, or if he uses forceps or vacuum extractions incorrectly, a baby can suffer injuries such as nerve damage and physical trauma.
These injuries can affect a child's entire body or just specific regions. For instance, cerebral paralysis is an illness that affects the spinal cord and brain, and can have a devastating impact on a child's quality of life. Klumpke's Palsy and Erb's are other conditions that affect muscles and nerves.
To demonstrate that the healthcare professional was negligent and directly accountable for the injuries sustained by your child, you'll be required to prove that they committed a negligent act. To do so an experienced lawyer will attempt to carefully review all available medical documents and consult with experts in order to establish the appropriate standard of care and show that the healthcare professional failed to meet the standards.
You can seek damages for a medical mistake during pregnancy or the birth. These include past and future medical costs including therapy, rehabilitation, medication adaptive equipment, and lost wages. Also, you may be entitled to non-economic damages like pain and discomfort. Medicaid may reimburse a portion of the settlement.
Birth Trauma
Many parents who are expecting are excited about the birth and hoping that their baby will be healthy. It is not always a straightforward process. Medical errors can cause serious injuries to both the mother and child. A Bronx medical malpractice lawyer could help the family to seek financial compensation for their losses.
A skilled lawyer will analyze the circumstances that led to your child's birth injury and determine if you have grounds to file a lawsuit against the doctor, nurse or any other health professional who caused their injury. A successful case will typically depend on establishing that the medical professional involved did not meet the standard of care. This typically means providing medical records such as electronic fetal monitor records, surgical notes and diagnostic test results and other medical documents. A lawyer will also work with medical experts, vocational and physical therapy, psychiatrists and other specialists to determine the value of your child's injuries and their impact on the quality of life for your family.
If a child is affected by an injury to their birth or injury, they could require extensive and expensive medical care that includes rehabilitation, therapies and medication. These costs can quickly add up since they are typically ongoing. A lawyer will evaluate your child's injuries and help you get financial compensation to cover the current and future costs.
A birth injury can also trigger emotional stress. It could be caused by the birth injury itself, or by the consequences of a medical error that occurred during pregnancy or delivery. It is important to pursue emotional or psychological trauma since it can be as devasting as physical birth injuries.
It is crucial to speak to a lawyer as soon as you can after your baby has suffered a birth trauma. The longer you wait longer, the more difficult it will be to establish the evidence of a medical error or other carelessness that caused your child's injuries. It is possible that the statute of limitations has expired and you'll be disqualified from pursuing a claim. A skilled Bronx birth injury attorney will help you file a lawsuit within the proper timeframe.
Statute of Limitations
Medical professionals can cause birth injuries to infants and parents that result in costly medical bills as well as long-term medical care. A Bronx birth injury lawyer can assist families in receiving the financial compensation they deserve for their child's injuries.
Proving negligence is the most important step to a successful case of birth injury. This requires setting the medical standard of care which is the accepted practices and protocols that a healthcare professional must have followed in similar situations. westfield birth injury attorneys involves showing how the doctor departed from the accepted standard of care, which is typically accomplished by expert testimony.
Your lawyer can collect and analyze medical records, talk to medical experts, and speak with family members to create an argument on your behalf. He can make use of this evidence to show that the medical professional was negligent during your child's birth and that their negligence directly contributed to your child's injury.
A successful claim for birth injury damages could include compensation for past and future medical expenses rehabilitation costs, medication, assisted living modifications to homes, loss of income, and pain and suffering. It could also include emotional stress and impact on the child's life and relationships with siblings or parents.
Because many birth injuries aren't apparent immediately, it's important to speak with a reputable lawyer when you begin to suspect a problem during pregnancy or post-birth. If you delay too long, it's likely that the statute of limitations will run out and you won't be able to pursue a lawsuit seeking damages.
In New York, the statute of limitations for medical malpractice claims is two years and six months for minors. However, this could differ based on the circumstances surrounding your child's birth injury. A medical malpractice lawyer can assist you to determine the right time to file your claim and ensure that you file it on time. The sooner your lawyer is involved, the better chances you will have of obtaining an outcome that is successful. This gives your children the best chance of receiving the medical care and financial compensation that they deserve.