Birth Injury Lawyer
Guaranteed lifetime payment secured for an eleven-year-old girl from the Caribbean who was seriously injured after being struck by a van while crossing the street. The client sustained a fracture of the left wrist and underwent surgery to her knee and lower back.
New York Birth Injury Lawyer
- A doctor-patient relationship existed between the plaintiff and the defendant (the person being sued).
- The defendant had a duty to act with reasonable care while administering medical services to the mother and the baby.
- The defendant breached this duty in some way. This may include specific negligent actions or negligence borne from inaction, such as failing to recognize when a specific procedure is necessary.
- This breach of duty resulted in harm to the mother or child. An injured plaintiff can sue only for damages caused by the defendant.
TYPES OF BIRTH INJURIES
Birth injuries come in many forms. If the infant is injured during birth, the parents can file a lawsuit on behalf of the child. In such cases, the parents may also be able to obtain compensation for the emotional suffering they experience due to their child’s injury. In some cases, the mother may suffer injuries due to doctor negligence. If the defendant failed to monitor the mother’s vital signs, address known conditions that might complicate the birth, or made another gross error, the mother may be eligible for compensation for the doctor’s negligence.
“Wrongful birth” is a term that sometimes arises in birth injury cases. These claims are unique in that they describe situations in which the parents would have avoided pregnancy or ended a pregnancy had they been fully informed about their baby’s birth defects. These claims are primarily based on negligent prenatal testing or failing to detect impairments early in the pregnancy. The parents may be able to secure compensation for the costs of addressing the child’s disabilities as well as essential medical expenses, pain and suffering, and necessary therapies.
Another distinct type of case is wrongful pregnancy. This term describes any situation in which parents sue for a failed contraceptive measure. For example, a parent may wish to undergo a sterilization process to ensure they could not have children. If the doctor botches this procedure and the plaintiffs conceive a child, they could sue the doctor for negligence. Some states have special rules for allowing recovery of the costs associated with raising a healthy but unwanted baby.