Birth Injury Lawyer in New York

The birthing process is a uniquely sensitive process, and as a result, injuries stemming from negligence can be particularly extreme or long-lasting — and on some occasions, permanent. Among the types of birth injuries an infant can endure are:

• Cerebral palsy
• Brachial plexus palsy, including Erb’s palsy and Klumpke’s palsy
• Brain damage
• Hemorrhaging
• Paralysis
• Hypoxia
• Spinal cord damage
• Wrongful death

If a medical professional’s negligence directly caused any of these injuries, you may be able to file a claim and receive compensation. Cerebral palsy, for example, is a debilitating medical condition that adversely affects muscle movement, muscle tone, and general motor function, and is caused by damage to a child’s brain before or during birth.

If a child develops cerebral palsy as the result of a New York healthcare provider’s negligence, the parents may be able to file a claim for any resulting damages, including present and future medical costs, loss of wages and future earning capacity, loss of enjoyment of life, and pain and suffering.

Medical professionals involved in births must be prepared for anything and undergo extensive training to learn about the problems that could occur during a delivery. A failure to recognize these complications — as well as a failure to perform basic parts of the birthing process — is careless, negligent, and unprofessional.

Negligent situations that can lead to birth injuries include:

• Failure to diagnose a potential complication prior to delivery
• Failure to perform a timely C-section
• Failure to examine the mother’s medical history
• Inadequate monitoring of the mother and child before, during, and after delivery
• Delayed responses to fetal distress
• Error in administering anesthesia
• Improper use of forceps

Though in your situation, you may feel it obvious that a medical professional’s negligence caused a birth injury, there is still a lot of work that has to be done in proving that neglect as well as its direct role in the injury.

There are four elements to a birth injury lawsuit that you and your attorney will have to prove. They are as follows:

Doctor/Patient Relationship: The attorney must show that the healthcare professional who caused the injury had a relationship with the patient. In birth injury cases, any party involved in the childbirth process, including doctors, nurses, and anesthesiologists, has a doctor-patient relationship with both the mother and child. This relationship establishes a duty of care, which is to practice in a manner that protects the patient(s) from harm and perform as other healthcare professionals would under similar circumstances.

Breach: The lawyer has to prove that the doctor’s decisions and actions were negligent and, as a result, a breach of the doctor-patient relationship that has been established. This is often the most difficult element to prove and requires an exhaustive investigation.

Injury: The attorney must also show that the doctor or other party’s negligence was the cause of the injury the mother and/or child suffered.

Damages: Lastly, the lawyer must demonstrate that the injury caused the patient or family to incur identifiable damages, whether physically, financially, or emotionally.

Morgan & Morgan’s birth injury attorneys in New York are uniquely experienced with the specifics and complexities of such cases and are qualified to determine how best to handle your case. They require elaborate investigations into several factors.

This investigation can include:

• Reviewing the child's and mother’s medical records
• Gathering witness statements and accounts of the procedure and surrounding circumstances
• Reviewing notes concerning the delivery and patient
• Examining the accused party’s history of providing medical care
• Exploring the history of other parties who may potentially be liable for damages
• Consulting experts in the field, including obstetricians and anesthesiologists
• Combing through the accused party’s description of the procedure with an expert to find any potential omissions, complications, or inaccuracies in the report
• Reviewing the healthcare facility’s history, looking for previous lawsuits or complaints
• Hiring a private investigator

Using the information they collect during the investigation, your attorney will create a claim that seeks compensation for your losses. In doing so, your lawyer may engage in settlement negotiations, file a lawsuit on your behalf if no settlement is reached, and renegotiate for a settlement before trial.

If negotiations are unsuccessful, your attorney will prepare for court by using the discovery period to review the opposing parties’ records and files that may not have been attainable earlier, deposing and questioning witnesses and the defendant(s), preparing you for questioning from the defense attorneys, consulting additional expert witnesses to gather more in-depth insight into your claim, and searching for any weak points in your case or the defendant’s defense.

Do not hesitate to contact a birth injury attorney in New York if you or a loved one is dealing with the aftermath of a medical professional’s negligence. You may be owed compensation for all the damages you have had to endure.

If you’re interested in learning more, contact us and fill out our case review form to receive a free, no-obligation evaluation of your claim.