How Do I Know if I Have Grounds to File a Birth Injury Claim?
The aftermath of a traumatic birth experience can be truly disorienting. When the unexpected occurs during the birth process, emotions and tensions tend to run so high that it can take hours, days, weeks and even months to mentally sort through what just occurred. As a result, it may take parents a significant amount of time to realize that their child may have been harmed while being born and/or during the immediate aftermath of his or her entrance into the world. It may take even longer to realize that this harm could have been prevented.
If you have questions about whether you may have grounds to file a birth injury claim, please do not hesitate to speak up. If your child was born hours, days, weeks or even months ago, you have absolutely no reason to be shy about speaking up right now. And if a significant amount of time has passed since your child was born, you have nothing to be embarrassed about in exploring your legal options now. Birth injury cases are not always straightforward, are unusually emotional and may involve delayed symptoms. If you are unsure of whether your child may have been harmed due to another’s negligence or recklessness, and even if your child is technically no longer a “newborn,” you have a right to explore your legal options. An experienced New York, New York negligence personal injury lawyer can help you to do just that.
Birth Injury Claims: The Basics
It is true that everyone, even highly-trained and ultra-conscientious professionals sometimes make mistakes. For numerous reasons, not every mistake is legally actionable. The law generally insists that if a healthcare professional owes a duty of care to a patient and makes a mistake while maintaining that legally established duty of care, he or she is not generally liable for mistakes that are neither negligent nor reckless in nature. However, when a healthcare provider does behave in a negligent or reckless manner and harm results, that provider may generally be held accountable under the law. If you have questions about this distinction, a New York, NY negligence personal injury lawyer can certainly clarify.
It is important to note that “negligence” and “recklessness” are legal standards. As a result, it can be difficult for individuals who are neither personal injury attorneys nor healthcare providers to know when any given action does or does not meet these thresholds. As a result, it is important for parents not to make assumptions about whether a healthcare provider’s behavior is or is not actionable. Speaking with an experienced New York, NY negligence personal injury lawyer may be the only way to know for sure whether or not you have grounds to file a birth injury lawsuit against your provider.
Legal Guidance Is Available
If your child may have been injured during the birth process or in the immediate aftermath of being born, please consider connecting with a New York, NY negligence personal injury lawyer today. The experienced legal team at Okun, Oddo & Babat, P.C. would be more than happy to help answer any questions you may have as we guide you through any legal options that may currently be available to you and your family. And should you ultimately decide to pursue legal action, our experienced lawyers will be able to provide you with guidance and support as we advocate on behalf of your child and your family via the personal injury claims process. Even if you are unsure of what caused your child harm, you certainly have the right to have your questions answered and to receive clarity regarding his or her situation. We look forward to helping you achieve these aims.