A compassionate birth injury lawyer New York, NY residents recommend understands that birth injuries can be devastating for families. Seven out of every 1,000 births in this country result in an infant sustaining some type of birth injury. These parents spend nine months of excitingly preparing for the birth of their baby and suddenly the future they thought their child would have is now shattered because something went wrong either before, during, or after delivery. Even more devastating is when the injury was caused by the negligence of the medical professionals involved.
Birth injuries can be some of the most severe bodily injuries, as an experienced birth injury lawyer New York, NY trusts might attest. If your child was injured during delivery or during the prenatal care period, this injury may affect your child for the rest of his or her life. At Okun, Oddo & Babat, P.C., we know that a child’s birth injury could place a great deal of stress and anger on the whole family. An experienced birth injury lawyer from our firm may help you receive justice for your pain and suffering.
How a Lawyer can Help Families After a Birth Injury
Medical malpractice lawyers understand that a birth injury can be one of the most traumatic injuries for parents and a child. Often these injuries are debilitating and life-changing. Enormous medical costs are almost certain to be expected, and sometimes the injury is fatal. Although it is not possible to turn back the clock, a law firm may be able to recover monetary compensation from the responsible parties.
Common Causes of Birth Injuries
A birth injury can happen from unforeseeable, natural occurrences, or because of the negligent actions of another party. Sometimes an injury to a pregnant mother could injure the child; examples include:
- Auto accidents
- Slip and falls
- Trip and falls
- Defective products, including medical devices
Although the aforementioned accidents do happen, the most common reason for a birth injury to occur is medical malpractice. This can happen at anytime during pregnancy, labor, or delivery. It is not only a doctor or OB/GYN who can be negligent for medical malpractice. A lawyer might also consider mistakes made by:
- Nurse anesthetists
- The medical facility
- + More
The Duty of Medical Professionals
It is the duty of an obstetrician to regularly monitor the mother and child’s health throughout the pregnancy. The mother should be monitored for blood pressure, weight gain, and other potential health issues, and the fetus should be monitored through ultrasounds and other diagnostic tools. Doctors and staff may also look for complications that could arise at any time. As a medical malpractice lawyer who handles birth injury cases, we have also helped families who experienced the following:
- Mishandling of the infant after delivery
- Improper use of forceps
- Failure to perform a C-section in a timely manner
- Failure to identify life threatening complications, such as HELLP syndrome
Birth injuries cases are difficult to navigate. Often a birth injury lawyer in New York, NY will need to call upon expert witnesses for testimony that a jury or mediator can understand. As complex as these cases are, they are important because they offer compensation to victims, and also force the healthcare industry to make changes for the better. If your child suffered from any of the following birth injuries, we encourage you to call a birth injury lawyer in New York, NY as soon as possible:
- Cerebral palsy
- Erb’s palsy
- Facial paralysis
- Clavicle fracture
- Brain Damage
- + More
Medical malpractice cases have statute of limitation, and there is a risk of evidence being mishandled or destroyed. It is prudent you get started on the process as quickly as possible to avoid losing the money you and your family deserve.
Supportive, Honest, Zelous Legal Representation
If the mother or child has been injured because of a negligent error on part of medical professional, please call a birth injury lawyer in New York, NY from Okun, Oddo, & Babat, P.C. today.
What Are the Types of Birth Injuries?
Birth injuries can range from mild to severe. The types of birth injuries your New York NY birth injury lawyer may have experience with can include:
- Spinal Cord Injuries
- Facial Paralysis
- Brain Injuries
- Shoulder Dystocia
- Cerebral Palsy
- Forcep Injuries
How To Handle a Suspicious Birth Injury
Parents may be filled with heartache after seeing their newborn child with marks, bruising, weakness, or other signs of a birth injury. Not many parents want to imagine that perhaps their doctor or nurses were somehow negligent during delivery and ultimately caused the injury to occur. However, when birth injuries occur, it unfortunately quite likely that medical personnel committed an oversight or were negligent in some way leading up to the incidence of injury.
Birth injuries can put both an emotional and financial burden on new parents. At Okun, Oddo & Babat, P.C., we believe that this should be one of the most joyous times of your life, not one filled with agony. We are here to help you navigate the legal aftermath of a birth injury so that you can focus your time and energy on caring for your child.
Don’t Be Afraid to Ask Questions
In a moment of panic and shock after seeing the condition of their newborn, parents may be too terrified and confused to say anything. But, it is important that both parents express about what they are observing and ask that those observations be included in medical documents regarding the delivery. Ask for a copy of medical records to ensure the doctor or other staff didn’t intentionally leave out any of the descriptions of wounds you observed. Photographs and medical documents of these injuries can be used as proof if you pursue legal action later on with help from a New York, New York birth injury lawyer.
How to Know the Injuries Aren’t Defects
To get out of responsibility for causing a newborn injuries, a doctor may try to convince parents that their baby actually has a defect instead of an injury. This is partially why it is so important to consult with a New York, NY birth injury lawyer if your child is unwell and something about a physician’s “story” doesn’t seem quite right. It can sometimes be difficult to know exactly what contributed to a child’s medical condition. Speaking with a New York, NY birth injury lawyer can help you to obtain the clarity you deserve.
In general, if your doctor didn’t warn you during pregnancy about any potential genetic defects or disabilities in the newborn, then this is cause for concern. Parents have the legal right to be informed about risks associated with the fetus. So, either the doctor may have made a mistake and it is, in fact, a birth injury, or the doctor potentially didn’t run enough testing during pregnancy which caused the parents to be misled. Either way, a New York, NY birth injury lawyer can help you to get answers to your questions about your child’s condition.
What Financial Damages Can a birth injury lawyer New York, NY Trusts Obtain?
When a child suffers a birth injury, depending on the extent of the injury, a New York birth injury lawyer realizes that not only is that injury emotionally overwhelming for parents, but the financial costs to care for the child can be astronomical. When you sit down with your birth injury lawyer in New York, NY, he or she may help you draft a Life Care Plan for your child which can help determine the financial costs your child may have in their lifetime because of the birth injury.
One of the most expensive financial burdens placed on parents who have a child with a birth injury is the medical costs. Depending on the severity of the injury, your child may be facing a lifetime of medical treatments, hospitalizations, physical therapy, occupational therapy, medication, medical equipment, and devices. And those expenses are just for standard care. A birth injury lawyer New York, NY families rely on knows that many children with birth injuries also suffer from serious physical complications from their injuries, especially in conditions such as cerebral palsy.
In addition to the medical costs, a birth injury lawyer New York, NY clients call may be able to obtain financial compensation for other needs the child and their family have. Expenses for items to improve the child’s quality of life may include modifications to the family home (i.e. wheelchair ramps, handicap-accessible bathroom) and a handicap van or other vehicle in order to transport the child.
Your birth injury lawyer in New York, NY can also add other expenses your family may face. Your child may require special education programs and/or counseling. They may also need vocational therapy as they get older.
There are other financial burdens families must deal with when it comes to the daily care of the child. In many situations, because of the extent of the child’s injuries, one parent has to give up their job and stay home to care for the child, especially when they are infants.
The plan for many new parents is to stay at home with their baby for a few months and then put the child in daycare so they can return to work. But when a baby has suffered serious or severe birth injuries, that is usually no longer possible because of the 24-hour-care a child with birth injuries needs. Not only are parents left facing huge medical bills, they now only have one income. For those parents fortunate enough to find a childcare provider who specializes who can provide the level of care the child needs, the costs are typically much higher than regular childcare costs.
How Do You Prove Your Case?
To receive fair compensation for your child’s birth injury, you must prove to the court that the medical professionals who treated you and your baby failed to provide adequate care. As an experienced birth injury lawyer New York, NY can provide may explain, it is also necessary to prove that these medical professionals had a legal duty to provide a certain level of care.
One of the first things your birth injury lawyer in New York, NY may do is consult with another medical expert who is qualified to practice in the same area of medicine as the medical staff who treated you. If this medical expert provides testimony that the level of care you received was inadequate and most likely contributed to your child’s birth injury, it may strengthen your case.
Who May Be Awarded the Damages?
If your birth injury lawyer New York, NY respects wins your case, the damages awarded may normally go to your child in the form of a trust. The amount of compensation your child receives may depend on several different factors, such as the severity of the injury, medical treatment costs and loss of future earning capacity.
Okun, Oddo & Babat, P.C.: Your New York Birth Injury Lawyer
There are many birth injury lawyers out there, so it can be difficult to choose the right birth lawyer New York. NY holds in high regard. Our firm offers free case evaluations for individuals and families who would like more information about their legal options after a birth injury. If you are still looking for a birth injury lawyer New York, NY offers, contact Okun, Oddo & Babat, P.C. at 212-642-0950.
“Eric Babat and David Oddo are extremely professional and knowledgeable. They take the time to understand the situation and then work tirelessly for a positive outcome.”