Celebrating a baby’s arrival is supposed to be a time of pure happiness for a family. Unfortunately, when medical errors injure a newborn, the joyous occasion quickly turns into a nightmare. A birth injury lawyer in Clarence can help you hold the negligent party accountable for their actions.
At Richmond Vona, LLC, we have over 30 years of collective experience advocating for the rights of the injured. Throughout our practice, we have recovered over $750.000, and we continue to fight for a maximum settlement with every claim. Our Clarence personal injury lawyers will help you receive the money you need for your child. Call us today for a free consultation.
Why You Should Work With Our Clarence Birth Injury Attorneys
If your child was just diagnosed with a birth injury, we understand that you are facing a difficult and confusing time. Our compassionate lawyers can handle all legal aspects of your case so you can focus on your child’s well-being.
Our legal team is committed to offering top-quality legal assistance to all our clients. We are even willing to travel for consultations and ensure that distance is never a barrier to justice.
Our firm culture thrives on transparency, communication, and a profound understanding of our clients’ unique needs. We rely on cutting-edge technology to gain an advantage over insurance companies, making us real trial lawyers, not merely a settlement mill.
For a free legal consultation with a birth injury lawyer serving Clarence, call (716) 300-5885
What Is a Birth Injury?
A birth injury refers to any physical harm or trauma sustained by an infant during the process of labor and delivery. These injuries can result from various factors, including medical complications, negligence, or unforeseen circumstances.
Common birth injuries encompass conditions such as:
- Brachial plexus injuries
- Cerebral palsy
- Facial nerve damage.
- Damage to the spinal cord
It is crucial to distinguish between birth injuries and congenital disabilities, as the former typically occur during the delivery process and may be preventable or attributed to medical malpractice.
An experienced birth injury attorney in Clarence is familiar with both the legal and medical nuances of these types of cases and will help you navigate the financial recovery process.
Clarence Birth injury Lawyer Near Me (716) 300-5885
Common Types of Medical Malpractice that Cause Birth Injuries
Medical malpractice refers to the failure of healthcare professionals to adhere to the recognized standard of care during the prenatal, labor, or postnatal stages, resulting in harm to the newborn or mother. Proving that a doctor acted negligently can be difficult without legal representation.
This deviation from the expected standard can take various forms, such as:
- Improper use of medical equipment
- Delayed intervention
- Inadequate monitoring
- Failure to recognize fetal distress
- Insufficient prenatal care
With a laser focus on detail, our legal teams will analyze whether healthcare professionals deviated from the standard of care expected in these types of situations. We will review medical records, consult expert witnesses, and use cutting-edge technology to reconstruct the events leading to the birth injury.
Who Is Responsible for Your Newborn’s Injuries?
Different parties could be at fault for the birth injury. Given the high number of people involved in the mother’s and baby’s care during pregnancy and labor, it can be difficult to identify the liable person or institution.
In a birth injury case, the following parties could be at fault:
- Healthcare professionals
- Hospital or medical facility
- Medical staff
- Pharmaceutical companies
- Medical equipment manufacturers
- Third parties
It is crucial to assess the specific circumstances of each case to determine the at-fault party and recover compensation. Our experienced legal teams will help you identify and hold all responsible parties accountable to ensure justice.
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How to Prove Negligence in a Birth Injury Case
Proving negligence serves as the foundation for seeking justice and securing compensation for the affected individuals and their families. Establishing negligence assigns accountability for the harm caused and also sets a precedent for preventing similar incidents in the future.
To prove negligence in a birth injury case, a lawyer will focus on the following key elements:
- Duty of care: The healthcare professionals involved owe a duty of care to the mother and newborn during the prenatal, labor, and postnatal stages.
- Breach of duty of care: There was a deviation from the recognized standard of care, showcasing instances where the medical professionals failed to meet the expected level of diligence and expertise.
- Causation: There is a connection between the breach of duty and the resulting birth injury, establishing a clear cause-and-effect relationship. This involves expert analysis and consultation to affirm that the negligent actions directly led to the harm suffered.
- Damages: Our legal teams quantify the damages incurred, encompassing medical expenses, ongoing care, emotional distress, and any other losses suffered by the affected individuals and their families.
You Have a Limited Time to File a Lawsuit in New York
The statute of limitations sets a deadline for taking legal action against the defendant. In New York, you generally have two and a half years from the date of the injury to file a medical malpractice case. However, different factors influence this time frame.
According to the New York Civil Practice Law and Rules § 208, a birth injury lawsuit can be filed within 10 years from the date of birth. The later deadline helps the victim and their family hold the liable party accountable.
While some birth injuries are immediately visible, many are not. In some cases, a diagnosis is made after the child misses specific developmental milestones. If you believe that a negligent doctor injured your baby, seek immediate legal representation.
A Birth Injury Lawyer in Clarence Will Help You Claim Damages
Richmond Vona, LLC, offers compassionate legal assistance to birth injury victims and their families. With an unwavering commitment to client experience and a wealth of knowledge, our Clarence birth injury lawyers will help you get the money you need to care for your child.
We understand the emotional and financial toll birth injuries impose on families. Our compassionate approach ensures that you have formidable legal representation and a trusted partner committed to your family’s well-being. Contact us today to share the details of your case.