Birth injury cases most often ruin an otherwise joyous occasion for parents and lead to lifetime consequences that the whole family has to endure. A birth injury is trauma or damage inflicted on the child during delivery, which sometimes results to death. An afflicted child may endure a lifetime disorder that can cost too much especially for most small families.
Families who are victims of birth injuries should immediately seek legal advice if the fault falls on doctors or, perhaps, midwives. Legal firms with a team of experienced New York birth injury lawyers use their knowledge to help victims get the justice they seek. Birth injury cases handled by birth injury lawyers include cerebral palsy, bone fractures, and brain damage.
While birth injuries are possibly caused by medical malpractice, it doesn’t mean that each and every instance of birth injury is the fault of the medical attendant. Some injuries or conditions are actually hereditary, so even with the doctor’s due diligence, it will still afflict the patient.
What if, for example, a doctor has unintentionally used too much force against the newborn during delivery but the child did not sustain any injury? This scenario would most likely not have enough basis to pursue a lawsuit, but at the very least, the aggrieved party may file a complaint with the hospital board. The alleged malpractice would still be probed, with corresponding penalties against the accused but, in the absence of any court.
What would constitute a medical malpractice, then? In legal terms, medical malpractice happens when a physician veers away from standard health care which, in this case, harms the child. Because of the gravity of the situation—with the life of the newborn being literally at stake—the patient’s family must have access to the opportunity to seek justice and recompense for the harm done.
If the accusation was found with strong enough a basis for a lawsuit, the lawyer would either bring the matter to court for resolution, or seek a settlement with the accused. Generally, though, most birth injury cases end up with settlements instead of actual jail time or penalty, such as the revocation of a doctor’s license.
These lawsuits takes a significant amount of time before being fully resolved. An experienced birth injury lawyer in NYC, like those from The Law Offices of Joseph Lichtenstein, is bound by their profession’s oath to exhaust all possible, legal means to defend their client’s rights in pursuit of justice. Birth injury victims, therefore, would do well to seek a lawyer’s help as soon as possible.
(Source: Filing Birth Injury Lawsuits against Doctors, Hospitals and Midwives. Injuryclaimcoach.com)