Physicians and medical staff are responsible for monitoring women closely throughout pregnancy and the labor/delivery process in order to minimize the risk of birth injuries and prevent common issues from escalating. However, the unfortunate reality is that this doesn’t always happen. Human error in the medical field is more common than we’d like to believe. Negligent doctors and medical staff do exist, making careless errors and falling below the standard of care, which places the health of unsuspecting mothers and infants at serious risk.
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At Salenger, Sack, Kimmel & Bavaro, we understand the importance of details. Determining whether or not doctors were negligent involves looking back at every step of the process; reviewing hospital and medical records, examining test results and scans, and even going as far as to monitor staff schedules and behaviors to pinpoint suspicious actions during your care.
From these documents, witness testimonies, and expert analysis, our New York birth injury lawyers look to establish how your child’s birth injury could have been prevented and what negligent behaviors caused them.
If your child was injured at birth, and you believe medical negligence is to blame, we encourage you to get in touch with our birth injury attorneys in NY for a free consultation.
Call (800) 675-8556 or contact us online.
At Salenger, Sack, Kimmel & Bavaro, we understand the devastating impact of birth injuries caused by medical negligence. Here are some examples of how a doctor’s negligence can lead to a birth injury:
Although there are far more situations in which medical errors could occur, here are some of the most common occurrences of birth malpractice:
Mistakes in one or more of these areas could result in catastrophic disabilities and neurological impairments for a newborn baby. Determining whether the level of care was compromised during birth and delivery is not a task you should undergo alone; work with a New York birth injury attorney from Salenger, Sack, Kimmel & Bavaro, LLP.
Birth injuries can be heartbreaking for new parents, leaving them obsessed with seeking a cause. However, not all cases of birth injuries and complications are grounds for birth malpractice lawsuits. Even when receiving the utmost quality care during pregnancy and delivery, injuries can still occur that are out of the realm of anyone’s control.
When seeking explanations for your child’s injuries, it’s helpful to know which types of birth injuries are more commonly related to incidents of medical malpractice than others, such as:
If your child has been given any of these diagnoses, consider contacting a birth injury lawyer in NY. Though we understand seeking financial compensation will never replace the health and wellness that was taken from your child at birth, securing the funds to access early intervention programs can dramatically improve their quality of life for the future.
Call (800) 675-8556 or contact us online to schedule a free consultation.
Parents hold back from making allegations of medical malpractice for a number of reasons: Avoiding the act of destroying a physician’s reputation, dreading the commitment and consequences associated with filing a lawsuit, or fearing the knowledge that someone contributed to the birth injury of their child. For these families, it’s more important than ever to remember that coming forward with concerns about poor quality medical care is a positive action.
It’s possible that the same negligent doctors and medical staff that contributed to your child’s birth injury have been allowed to practice for years or even decades. Holding these individuals accountable for preventable errors in care could benefit the lives of future children and families who would have otherwise been put in harm’s way. It may also address and correct any ineffective institutional policies that have led to an increase in medical errors.
Not to mention, filing a birth injury lawsuit can help ensure you have the financial resources to provide for your disabled child, taking into account the long-term costs of ongoing medical care and necessary accommodations.
A birth injury can have a significant impact on the life of a child and their family. While immediate medical treatment may be necessary, it is important to also consider the potential long-term effects of the injury.
Seeking damages can help ensure that the child receives the ongoing care and support they need to mitigate the effects of the injury. This includes medical treatments, therapies, and specialized equipment that can help improve their quality of life. Additionally, compensation can help alleviate the financial burden that often accompanies caring for a child with a birth injury.
It is important to work with a skilled birth injury lawyer in New York who can help navigate the legal process and advocate for the rights of the child and their family. Our team at Salenger, Sack, Kimmel & Bavaro, LLP is here to help.
At Salenger, Sack, Kimmel & Bavaro, LLP, our New York birth injury attorneys have a long history of success in handling birth injury lawsuits. We understand the complexity of these cases and the emotional toll they can take on a family.
Our attorneys handle all our clients’ cases with the genuine care and respect they deserve, aggressively litigating their cases to hold negligent medical providers accountable. We value the trusting relationships we build with our clients and are dedicated to your case from start to finish. Salenger, Sack, Kimmel & Bavaro, LLP will not hold back in fighting for the justice your family deserves.
According to the CDC, 1 in every 33 babies in the U.S. is born with a birth defect. Many birth defects are the result of genetics and other uncontrollable factors. However, some birth defects are the direct result of negligent medical professionals, dangerous drugs, and toxic exposure. In these situations, you have the right to pursue compensation for the harm your child and your family have suffered.
The following causes of birth defects may make your case eligible for a lawsuit:
Linking birth defects to negligence is not a simple task. You need an experienced team of birth injury litigators with the skills and resources to fully investigate your claim and determine who may be held liable. Contact our New York birth defect attorneys to file a claim for the compensation you deserve.
When pursuing a birth injury lawsuit, you will need various pieces of evidence to support your claim. Medical records and expert witness testimony will play a crucial role in establishing the link between negligence and the birth injury. These records should include prenatal care, labor and delivery notes, and postpartum records.
Witness testimony from medical professionals who provided care during the birth can also be valuable in demonstrating the standard of care that should have been provided and how the medical staff failed to meet these standards. Additionally, photographs and videos that capture the injury can help a jury visualize the damages and harm caused.
It is essential to work with a New York birth injury lawyer who can guide you through the process and help you gather the necessary evidence to build a strong case.
If your child suffered a birth injury, it is important to know that the statute of limitations dictates how long you have to file a lawsuit in New York.
According to New York law, you have up to two and a half years from the date of your child’s injury to file a lawsuit. This time limit is meant to encourage injured parties to seek justice in a timely manner, and to ensure that claims are resolved as efficiently as possible. If you miss the deadline for filing a birth injury lawsuit in New York, you may not be able to seek compensation for the damages your child has suffered. Therefore, it is important to act quickly and consult with an experienced attorney who can guide you through the legal complexities of a birth injury case.
Call (800) 675-8556 or contact us online to schedule a free consultation.