Birth injuries may be caused by many things, including medical malpractice during the entire pregnancy and birthing process. According to Injury Lawyer News, “When an expectant mother receives prenatal care, an important component of that care is assessing her risk of labor and delivery complications, based in part on her history of past pregnancies” This means that mothers should be informed of any potential risks that may arise during labor and be given alternative options, long before their date at the delivery room.
This wasn’t what happened in a 2012 case, where a mother’s newly born suffered a birth injury which could’ve been prevented entirely. The mother had a previous history of giving birth to children who suffered from shoulder dystocia, making this a known risk factor for future labor and deliveries. However, she was not informed of this risk prior to her latest delivery, and was not presented with a C-section option, which could have averted the birth injury. For cases such as this, a birth injury lawyer in New York can help get the justice the family deserves.
In the past, it was typical to follow what the doctor said when it came to decisions on health. Those days are long behind us, however. Today, ideally, the patient and the doctor work as a team and weigh all the options available before making any decision. This would take a lot of communication, which, when lacking, could lead to bad decisions, and result in injuries or the patient’s worsened state. If a child suffers an avoidable birth injury due to the doctor’s failure to communicate all relevant factors, a successful lawsuit can help bring compensation for the pain and suffering, as well as for medical expenses, the mother and/or child may develop.
For cases of medical malpractice during birth, it’s important to immediately look for birth injury lawyers in Brooklyn to look into the case due to all the complexities and legal issues involved. The lawyers would evaluate the situation and take the necessary actions to get a claim, and give the family the justice and compensation they deserve. Firms such as the Law Offices of Joseph Lichtenstein, are experienced in birth injury cases and would know what the right legal recourse in these situations.
(Source: Birth Injury Lawsuit Describes Brachial Plexus Injuries, Injury Lawyer News, February 5, 2015)