Attorneys Advocating for Victims of Medical Malpractice
Birth InjuriesThe injury lawyers at the Jesse Minc Personal Injury Law represent New York City residents in birth injury cases and a wide range of other claims related to health care mistakes. Whether the fault for a birth injury lies with an OBGYN, a hospital, or any other medical provider, our Bronx medical malpractice attorneys have what it takes to give you and your child the best possible chance to receive the compensation that you need and deserve. We understand the pain and stress that people often go through when they are victims of medical malpractice, whether this involves a birth injury, a misdiagnosis, or another error. Our Bronx birth injury lawyers offer clients the opportunity to focus on helping their family heal and move forward while we pursue legal claims for the full compensation available under the law. When we accept a birth injury case, our goal is to obtain sufficient compensation so that you and your family have the funds to pay for the extraordinary expenses that come along with raising a child with serious disabilities, whether they be physical, psychological, developmental or otherwise. We have a strong track record of success, and our attorneys are committed to guiding clients through the legal process with experience and compassion.
Birth injuries involve a wide range of impairments, from relatively minor bruising and jaundice to infections, brain trauma, complete or partial paralysis (e.g., erbs palsy or spastic quadripesis), and even death. Birth injuries can be caused by a variety of factors, including a doctor’s failure to notice certain warning signs and take effective precautions prior to the birth, delays in deliveries, improper delivery techniques, failure to monitor the health of the fetus during pregnancy or during delivery, and many others. Surgical errors related to the use of forceps, vacuum extractors, and other tools during the birth itself are also often to blame for serious birth injuries when doctors are negligent in connection with their use of these medical tools.
Holding a Health Care Provider Liable for a Birth Injury
If you or a loved one has been injured as a result of malpractice in the childbirth process, you have the right to seek compensation from those responsible. You may be able to obtain compensation for injuries both to the mother and to the child. Although no amount of money can ever truly compensate you for certain experiences, legal damages are meant to ease the financial impact of raising a disabled child. Victims often can recover compensation for medical bills, missed wages due to time away from work, the costs of past and future medical treatment, special educational requirements, and pain and suffering, among other types of damages that may be available under the law depending upon the circumstances of your case.
New York State law generally requires doctors and other health care professionals to render medical care and treatment in accordance with the applicable standard of care, which is determined by experts who practice medicine in the same field. Although the standard of care varies depending on the circumstances of each case, the law generally requires that a medical malpractice victim prove that the defendants did not adhere to the “reasonable doctor” test and are thus liable for malpractice. The question in medical malpractice cases is whether a reasonable doctor would have prescribed the same treatment, performed the same surgical techniques, or made the same diagnosis and observations under the circumstances. Our birth injury attorneys can help Bronx families investigate and evaluate the evidence in their case to determine whether they may have a claim.
Establishing the appropriate standard of care is critical in birth injury cases. It usually means consulting obstetricians and gynecologists to determine how doctors are expected to proceed in various situations. It may also include referencing studies, academic papers, and medical school instructors to show how health care professionals are trained to respond to various issues. A person suing for medical malpractice then needs to prove that the person or entity being sued failed to live up to that standard.
You also need to explain how the malpractice caused your child or you to be injured. That may require detailed medical records and expert testimony. An experienced medical malpractice attorney can help you gather evidence, retain experts, and make sure that the judge or jury understands the full extent of the injuries and losses that you suffered.
Consult a Bronx Birth Injury Attorney to Understand Your Options
At the Jesse Minc Personal Injury Law, our attorneys are dedicated to helping clients recover and regroup after suffering injuries through medical malpractice or other negligent conduct. We have been successful in court or at the negotiating table in more than 95 percent of the cases that we handle. We also limit the number of our cases because we believe in giving each client the personalized attention that he or she deserves. We offer free consultations to people throughout New York City and the surrounding areas, including Manhattan, the Bronx, Brooklyn, Queens, and Nassau, Suffolk, and Westchester Counties. We do not charge a fee in most of our personal injury cases unless we are successful. Call us at (718) 354-8000 or contact us online to schedule an appointment with a birth injury lawyer in the Bronx. We represent people in medical malpractice claims arising from birth injuries, misdiagnoses, surgical errors, failures to provide informed consent, and other situations. Se habla espanol.