The celebration of a new baby’s arrival is meant to be a time of pure happiness for a family. Regrettably, when medical errors result in harm to a newborn, this joyous occasion can transform into a nightmare. A birth injury attorney in Amherst, NY, will help the victim’s family seek justice.
With a combined experience of over 30 years protecting the rights of the injured, Richmond Vona, LLC, stands as a dedicated advocate for those seeking justice. We have a history of winning cases, and so far, we have recovered over $750,000. Our Amherst personal injury lawyers will help you get the financial support you need for your child’s well-being. Call us today for a free consultation.
The Definition of Birth Injury
A birth injury is defined as any physical harm or trauma suffered by a newborn during the process of labor and delivery. These injuries can range from mild and temporary complications to more severe, long-term conditions that may impact the child’s health and development.
Common types of birth injuries include:
- Fractures
- Nerve damage
- Bruising
- Oxygen deprivation
- Cerebral palsy
- Erb’s palsy
- Shoulder dystocia
Birth injuries and congenital disabilities are distinct terms that refer to different circumstances related to a child’s health. Birth injuries occur as a result of incidents or complications during labor and delivery, such as medical negligence. These injuries are typically preventable and are not present before the birthing process.
In contrast, congenital disabilities are conditions or abnormalities that a child is born with, often stemming from genetic factors, prenatal exposure to harmful substances, or developmental issues during pregnancy. Unlike birth injuries, congenital disabilities are not necessarily a result of medical negligence during the birthing process.
For a free legal consultation with a birth injury lawyer serving Amherst, call (716) 300-5885
Medical Malpractice Can Cause Birth Injuries
Medical malpractice in the context of birth injuries refers to the negligence or substandard care provided by healthcare professionals during pregnancy, labor, or delivery, resulting in harm to the newborn or mother.
Medical negligence can take various forms, such as:
- Misdiagnosis
- Improper use of medical instruments
- Failure to monitor fetal distress
- Delayed interventions
- Inadequate communication among medical staff
An Amherst birth injury attorney will investigate the circumstances surrounding the harm caused to your baby and determine the exact cause. They may also collaborate with medical experts to have a better understanding of the events.
Amherst Birth Injury Lawyer Near Me (716) 300-5885
Who Is the Negligent Party in a Birth Injury Case?
Identifying the at-fault party in a birth injury case helps establish accountability. An experienced lawyer from our team will build a strong case to hold those responsible legally liable for the harm caused.
Any of the following parties could be liable in a birth injury claim:
- Healthcare professionals
- Hospitals and medical facilities
- Pharmaceutical companies
- Medical equipment manufacturers
Your attorney will examine the healthcare professionals’ decisions, assess the hospital policies, and consider other potential factors, such as faulty medical equipment. Through this detailed analysis, a birth injury lawyer aims to pinpoint the specific party or parties whose negligence or malpractice contributed to the birth injury.
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We’ll Help You Prove Negligence in Your Birth Injury Case
Demonstrating negligence is crucial for pursuing a successful legal claim. It provides a solid foundation for establishing the link between the healthcare provider’s actions and the resulting birth injury, essential for seeking compensation.
Our birth injury lawyers will prove negligence by focusing on the following elements:
- Duty of care: This is the obligation healthcare professionals have to provide a standard of care expected in similar circumstances. Establishing this duty is crucial for determining whether the healthcare provider met the required standard.
- Breach of duty: This occurs when there is a deviation from the accepted medical practices, indicating that the healthcare provider failed to meet the expected standard of care. Proving a breach of duty is essential for demonstrating negligence.
- Causation: Establishing a direct link between the breach of duty and the birth injury is crucial. It involves demonstrating that the negligent actions or omissions were the direct cause of the harm suffered by the newborn or mother during childbirth.
- Damages: Assessing the damages incurred involves quantifying the extent of harm, both immediate and long-term. This includes medical expenses, ongoing care needs, and the overall impact on the well-being of the child and the family. Proving damages is key for determining the compensation warranted in the case.
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You Have a Limited Time to File a Birth Injury Case in New York
The statute of limitations imposes a timeframe for taking legal action. In New York, there is a general window of two and a half years from the date of the injury to file a medical malpractice case, though various factors may influence this duration.
Under the New York Civil Practice Law and Rules § 208, a birth injury lawsuit can be pursued within 10 years from the date of birth, offering a more extended deadline. This later timeframe serves to empower the victim and their family in holding the responsible party accountable.
While some birth injuries may be immediately apparent, others may only be diagnosed after a child misses specific developmental milestones. If you suspect that a negligent doctor has caused harm to your baby, seek immediate legal representation.
Call Our Birth Injury Lawyers in Amherst
Richmond Vona, LLC, provides empathetic legal support to victims of birth injuries and their families. Our lawyers will help you get the necessary funds to care for your child.
Recognizing the emotional and financial challenges that birth injuries bring to families, our compassionate approach ensures that you work with a reliable partner committed to your family’s well-being. Contact us today to discuss the specifics of your case, and let us guide you through this challenging journey.
Call or text (716) 300-5885 or complete a Free Case Evaluation form