For parents living in the Bronx, the birth of a child should be a joyous occasion. Parents happily anticipate the arrival of their child, and the presence of medical professionals usually assures them their baby will be delivered in good health. However, birth trauma is always a possibility. When a hospital or healthcare practitioner’s negligence causes an injury, you may be able to recover damages through a medical malpractice case.
Having top-notch legal representation from knowledgeable and experienced Bronx birth injury attorneys is essential as birth injury claims are often complex. The birth trauma lawyers at Lever & Ecker offer compassionate, effective legal representation to parents of children who have experienced birth trauma. We promise to relentlessly fight for your rights to ensure you receive fair compensation for the damages you and your child suffered.
The phrase “birth trauma” describes a subcategory of newborn injuries brought on by medical malpractice during labor, delivery, or the newborn period. y.While there are inherent dangers present in any delivery, sometimes birth injuries are brought on by the negligence of an obstetrician, neonatologist, pediatrician, nurse, or other healthcare professional.
Common causes of birth trauma include prolonged labor in the face of non-reassuring fetal heart monitoring strips, failure to timely perform a cesarean section, improper use of mechanical force, improper management of abnormal presentation, overuse of delivery medications, failure to administer antibiotics, and other difficulties can also be to blame. Long-term effects of birth trauma injuries include hypoxic-ischemic encephalopathy (HIE), cerebral palsy, , seizures, and intellectual impairments.
When providing care, these practitioners are held to a medical standard of care that requires them to deliver services with the knowledge, expertise, and ability that someone with their level of training and experience would reasonably possess. Failing to do so may be considered negligence, and parents of injured babies can pursue remedies regarding this negligence by filing a medical malpractice claim for compensation.
Medical malpractice claims allow you to seek fair compensation for the financial and emotional losses you have sustained as a result of the negligent behavior of a medical professional. Most frequently, the following parties are held liable for birth trauma:
Doctors can work to prevent birth trauma by adhering to best practices and deftly managing labor and delivery problems. When you are in the delivery room, your doctors, nurses, and other medical staff have a variety of techniques for identifying and resolving problems and injury-causing risk factors.
For parents and their babies, birth trauma can be financially, physically, and emotionally devastating. When these result from a medical professional’s negligence, you should not have to bear the burden of paying for your losses and recovery.
The following are just some damages you may be able to recover through a medical malpractice claim:
The exact damages you could be entitled to depend on the specific circumstances of your case. A knowledgeable lawyer is essential when seeking compensation for a baby’s birth trauma.
Birth trauma attorneys conduct a thorough investigation of your case to establish liability and the full extent of the damages to which you and your family are entitled. They will represent you in court to pursue the maximum coverage to which you and your injured are entitled for your child’s injuries and suffering.
The time frame for submitting a claim for damages following an injury is known legally as the “statute of limitations.” Birth injuries have a modified statute of limitations.
When initiating a lawsuit on behalf of a minor, parents can file a claim up to ten years from the day the child’s injury is discovered, or up to two and a half years after the child turns 18.
However, in certain circumstances such as where the alleged hospital or wrongdoer is a municipality or public authority, service of a notice of claim within a proscribed period of time before starting a lawsuit may be required. Therefore, it is best to consult an experienced birth trauma lawyer in the Bronx as soon as possible.
Victims are legally prohibited from filing a personal injury lawsuit after the statute of limitations has passed.
Cases involving medical malpractice can take a long time to prepare for trial. To prove that your child’s injuries resulted from negligence, you will need to gather compelling evidence and have strong arguments. The law also specifies that certain steps must be taken to file an action for medical malpractice that is legally admissible.
Your results will likely be more favorable the earlier you contact a lawyer to begin working on your claim. You risk losing your right to compensation if you wait too long. Consider retaining an attorney to ensure you do not forfeit your ability to hold the negligent parties accountable and obtain deserved compensation from them.
Expectant parents typically make meaningful plans for the birth of their child. Nevertheless, unforeseen circumstances can and do happen in childbirth, regardless of how well-prepared new parents are. However, birth trauma can be preventable, and birth injuries could signify medical negligence. With a birth trauma attorney in the Bronx, NY at your side, you may be able to file a successful medical malpractice claim and recover the damages you and your family deserve for your child’s injuries.
With more than 65 years of combined legal experience, the award-winning New York lawyers at Lever & Ecker, PLLC fight for the rights of New Yorkers. Our highly experienced guidance has benefited numerous clients’ birth trauma claims. We are dedicated legal professionals who can work in your stead and on your behalf. We are also prepared to go to trial. Schedule an initial consultation with us by calling our standard line (914) 288-9191 or our Bronx line (718) 933-3632. You can also submit our contact form.