While labor and delivery is a difficult process, in most cases, it results in a healthy child. Most doctors provide the necessary care for a safe and successful delivery, and everyone goes home safe and sound. However, some doctors and nursing staff make mistakes when monitoring the mother and child during the prenatal phase or when delivering the baby.
Sometimes the child will suffer serious injuries that can impact them and their family for the child’s entire life. When that happens, the family will deal with significant damages. The doctor and hospital should pay these costs when medical malpractice was the cause of the injury.
If you believe your child suffered a serious birth injury and you believe a doctor was to blame, the legal team of Rosenberg & Gluck, LLP is ready to help. Our Long Island birth injury attorneys protect the rights of mothers and children to have reliable and safe medical care, and we can evaluate whether you have a birth injury case. We have obtained multi-million dollar results in medical malpractice cases for past clients, and we can fight for what you deserve.
According to the Centers for Disease Control, roughly 28,000 babies yearly will suffer birth injuries. In addition, some mothers may also suffer permanent injuries during childbirth.
Here are some of the common causes of birth injuries:
For a free legal consultation with a birth injury lawyer serving Long Island, call 516-451-7900
Birth injuries do not just happen to a child. A mother can suffer serious injuries in childbirth, especially when the doctor fails to use the proper care.
Here are some of the common injuries that mothers will suffer during childbirth:
Mothers can suffer serious injuries that can affect their lives after labor and delivery. They may experience general pain, incontinence, and pain during sexual relations. More serious injuries can mean that they may not have children again. The most severe injuries can place the mother’s life in danger.
Long Island Birth Injury Lawyer Near Me 516-451-7900
Cerebral palsy is one of the most serious and lasting birth injuries associated with medical negligence. Roughly one in 500 children will be born with cerebral palsy. Most often, cerebral palsy results from trauma to the head during the labor and delivery process, causing permanent brain damage to the baby.
Depending on its severity, cerebral palsy can range from a moderate condition that makes walking difficult to a very serious condition that can cause issues that include:
The lifetime costs associated with cerebral palsy will usually exceed $1 million. The child may need lifetime medical care and assistance, and they can endure extensive pain and suffering from their condition.
In addition to cerebral palsy, here are the other common birth injuries that children may suffer:
For any of these injuries, your family wants to hold the doctor accountable, both for what their negligence has done to your child and because your family will need the money to pay for the necessary extensive care.
Some challenges go along with filing a birth injury lawsuit. Since a birth injury claim is a medical malpractice case, you ask the jury to find that the doctor did something wrong in the prenatal care or the labor and delivery process. No one expects doctors to be perfect, but they should always uphold their standard of care.
The doctor must act as a reasonable doctor should under the circumstances. You will compare what the doctor did to what a reasonable doctor of average skills and experience should have done. You are not comparing the doctor to an industry-leading specialist at the top of the profession.
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You need an experienced birth injury lawyer because there are many challenges to overcome:
To evaluate the doctor’s actions, you must take the jury back in time to what happened in the doctor’s office or the labor and delivery room. The jury will evaluate what the doctor knew at the time and what they did knowing that information. Your lawyer will usually work with one or more medical experts who can evaluate the doctor’s actions.
Here are some examples of how a doctor’s negligence can cause a birth injury:
Birth injury lawsuits can be difficult. The doctor’s insurance company and the hospital that employs them may fight your lawsuit because they know their liability can be very high. Since many birth injuries are permanent, families often receive large jury awards. Some of these can be well over $1 million, depending on the harm to the baby. Knowing that it is not always easy to prove medical malpractice, defendants may sit back and make you meet your burden of proof. It is not easy, but it is also not impossible.
However, birth injury lawsuits are necessary when a doctor or hospital has harmed your child. If your child will not live a normal life, they will critically need that money. In addition, your family will want justice for the serious injuries that a doctor you trusted caused your child.
If your lawsuit is successful, your family can be entitled to significant financial compensation. You are dealing with considerable costs when your child has suffered a birth injury. The first and most immediate concern is the medical costs that you must bear. Your child will need medical care, perhaps for the rest of their life. In addition, your child may need extensive therapy and assistance just to live as normal of a life as they can.
Not only can you recover the full medical costs associated with the injury, but the following might also be a part of your family’s financial compensation:
One of the major difficulties with a birth injury lawsuit is knowing how much to seek in compensation. It may be a challenge to know early in your child’s life what their needs will be in the future. Making the situation even harder is that you only have two years from the time of the injury to file your lawsuit. An experienced birth injury lawyer will work with many experts to determine what you may be due. The calculation is not a back-of-the-envelope one that you can afford to get wrong because this money needs to be there to care for your child in the future.
Then, you will need to negotiate with an insurance company and a hospital to obtain the right compensation if you choose to settle your case. When you are dealing with such large numbers, there will be a much wider gap in your numbers that you will need to surmount.
You always have some leverage. Assuming you can convince a jury of the doctor’s negligence, seriously injured children are sympathetic plaintiffs. Defendants are legitimately afraid to face a jury when they know you have a strong case because they can pay a large price.
There are many reasons why you need to call a birth injury lawyer.
Here are some:
If your child suffered birth injuries, you will have a tough legal fight to get the compensation you deserve when the doctor was at fault. The injury attorneys at Rosenberg & Gluck will take up your cause and make it our own, taking the fight to the defendant. As soon as you realize your baby has suffered a birth injury, you should call a lawyer to discuss your case.
You can message us online or call us today at (631) 451-7900 for your free initial consultation. We can assist clients in English and Spanish.
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