Birth Injury Lawyers Near Me | Personal Injury Attorneys

If a living child suffers a birth injury because of the negligence of a doctor or hospital, the damages awarded can include the following:

• past and future medical expenses
• costs for necessary home modifications
• the physical pain and suffering of the child
• the emotional distress of the child
• future rehabilitation treatments or therapies
• lifelong supportive care
• costs for equipment needed to care for the child

A parent can also receive compensation for lost wages should the parent not be able to work any longer in order to provide specialized care to the child. Additionally, a mother may recover damages for emotional distress, even in the absence of an independent injury, if medical malpractice results in miscarriage or stillbirth.

A jury will consider evidence such as medical records, and testimony of witnesses and expert doctors, who will testify whether your physician’s actions were reasonable or fell below the accepted standard of care. Once the jury considers the evidence and all testimony, they will then consider whether the elements of a medical malpractice claim have been met, and whether the plaintiff mother and baby should prevail.

Legal cases go through several distinct phases.

First there is the pre-suit phase, where an attorney will evaluate your case, collect information, request medical records, and review your records with medical experts.

Next, if your case can be supported both medically and legally, papers may be filed in court, signifying the official start of your case in court. At this point, your attorney and the attorneys for each of the defendants will begin making requests to exchange information and eventually conduct depositions, also called “examinations before trial” of each party to the lawsuit and other relevant witnesses. At a deposition, questions are asked by the attorneys and a stenographer types everything that is said.

Once all the necessary information is exchanged a case may be ready for trial and a trial date will be scheduled. During this process, discussions may occur between attorneys regarding whether the case can be resolved before a trial.

Ultimately, this resolution depends on what kind of injury your child has, the kind of documentation supporting your case, and the opinions of medical experts regarding the specific events that occurred in the case.

You should collect everything you have been given either from the hospital or medical staff you worked with.  Even if the paperwork does not involve the medical provider responsible for the harm caused, the paperwork may be important to show that your pregnancy and the baby’s health was progressing normally. Additionally, you should write down all of the names of your medical providers and any medical personnel you may have spoken with, as well as any important details you remember about those interactions so you don’t forget. Finally, you have the right to request your medical records and those of your baby. If you have trouble obtaining those records, a birth injury attorney will assist in obtaining these records.

In New York, all physicians must carry medical malpractice insurance which provides coverage for instances of medical malpractice up to a certain amount. If damages exceed the medical malpractice coverage, a defendant may be personally liable for the amount in excess.

Potential injuries include brain damage due to a lack of oxygen sometimes called hypoxic ischemic injury (HIE), cerebral palsy, shoulder dystocia, brachial plexus injuries, erb’s palsy, klumpke’s palsy, nerve trauma, spinal cord trauma, facial paralysis, body paralysis, uterine rupture, or post-delivery infections.

Some of the most common errors that occur during childbirth include: failing to correctly read or interpret fetal monitoring strips, failing to timely perform a c-section,  failing to appropriately monitor uterine stimulating drugs like Pitocin, improper prenatal or postnatal care, undiagnosed pre-eclampsia or gestational diabetes, misdiagnosed maternal or fetal distress, inappropriate use or monitoring of medications, or improper use of birth-assisting tools. In order to determine exactly what mistakes may have occurred, a birth injury attorney will need to thoroughly review the relevant medical records and consult with medical experts in the area of maternal fetal medicine.

Most injuries occur when a doctor, nurse, or other medical provider fails to adequately assess or respond to a condition or complication during a woman’s pregnancy or delivery. The key question is whether the medical provider failed to give you or your baby adequate medical care or medication advice during pregnancy or delivery. If you believe you or your child may have been a victim of a medical error, you should contact a birth injury lawyer right away.

After your child receives the necessary medical care, you should contact a law firm experienced in handling birth injuries. You will then meet with a birth injury lawyer who will assist you. Your lawyer will begin by obtaining all relevant medical records and will contact expert medical providers to review the care that was provided to you and/or your child. In New York, a medical malpractice lawsuit cannot proceed without the support of a medical expert.

Birth injury is a broad term encompassing injuries to a baby while in utero, during labor, or during delivery that may be caused by inadequate or inappropriate medical care. A birth defect is a congenital abnormality often inherited or caused by environmental exposure during the development of the baby. While the circumstances of a birth injury should be investigated by an attorney, the failure to diagnose a birth defect, either prior to birth or after birth, may also present issues warranting an investigation by an attorney.