Celebrating the arrival of a new family member should be a moment filled with joy. However, unforeseen medical errors can harm your child during childbirth, casting a dark shadow over what was supposed to be a celebration. If your family has been impacted by such unfortunate circumstances, a birth injury attorney in Elma, NY, will help you hold the at-fault party accountable.
Richmond Vona, LLC, has over three decades of experience advocating for injury victims and their families. We have a proven track record of winning cases and recovered more than $750 million for our clients. You can trust us to secure the compensation you need to protect your child’s future. Call our Elma personal injury lawyers for a free initial consultation.
What Is a Birth Injury?
A birth injury refers to any physical harm or trauma sustained by a newborn during the process of labor and delivery. These injuries can range from minor and temporary complications to more severe, long-lasting conditions that may affect the child’s health and well-being.
Birth injuries can, unfortunately, be the result of medical negligence, where lapses in care, misjudgments, or errors during the childbirth process lead to harm to the newborn. However, it’s important to acknowledge that not all birth injuries are entirely avoidable.
Parents and caregivers should be aware of the signs and symptoms of birth injuries. Early detection and intervention minimize the impact on the child’s future development and quality of life.
For a free legal consultation with a birth injury lawyer serving Elma, call (716) 300-5885
Common Types of Birth Injuries
Birth injuries encompass a diverse range of conditions that can affect newborns during the labor and delivery process. These injuries vary in severity and can manifest in different ways.
Common types include physical injuries like:
- Nerve damage
- Cerebral palsy
- Erb’s palsy
- Shoulder dystocia
- Brain damage
It’s crucial to recognize the diversity of birth injuries, as their causes and implications can differ widely. Understanding these details will allow Elma medical malpractice lawyers to form a personalized legal strategy that addresses your unique goals.
Elma Birth Injury Lawyer Near Me (716) 300-5885
How to Identify the Negligent Party
Given the complex nature of birth injury cases, it can be difficult to identify who caused the harm. However, a birth injury lawyer will investigate the circumstances of the injury and use all available evidence to determine who was at fault.
Healthcare professionals, including obstetricians, nurses, and medical staff involved in the delivery process, could be held liable for negligence if their actions or decisions result in harm to the newborn. Hospitals and medical facilities may also bear responsibility for inadequate policies, training, or supervision.
Additionally, pharmaceutical companies could be liable if a birth injury is linked to a medication prescribed during pregnancy. In some cases, the liability might extend to medical equipment manufacturers if faulty devices contribute to the injury.
Proving Negligence in a Birth Injury Claim
Medical malpractice refers to the negligent actions or omissions of healthcare professionals that result in harm to the newborn or mother during the labor and delivery process. Establishing negligence helps plaintiffs hold the at-fault party accountable for their actions.
To prove negligence, your birth injury attorney will focus on the following aspects:
- Duty of care: This refers to the standard of care healthcare professionals are expected to provide in similar situations. In the context of birth injury cases, it involves establishing what level of care was owed to the mother and newborn during labor and delivery.
- Breach of duty: Your attorney will investigate whether there was a breach of the duty of care, meaning a deviation from the accepted standard of medical practice. This involves examining whether the healthcare professionals involved failed to meet the expected level of care, leading to potential harm.
- Causation: Establishing causation is crucial. Your attorney will work to demonstrate a direct link between the breach of duty and the birth injury. This involves proving that the negligent actions or omissions were the direct cause of the harm suffered by the newborn or mother.
- Damages: Finally, your attorney will assess the damages incurred as a result of the birth injury. This includes both immediate and long-term consequences, such as medical expenses, ongoing care needs, and the impact on the child’s overall well-being. Quantifying these damages helps determine the compensation.
Medical malpractice cases are complex, often requiring expert testimony and a thorough examination of medical records to determine the extent of negligence. A birth injury lawyer is knowledgeable about medical malpractice and can help you file a strong claim.
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You Have a Limited Time to File a Birth Injury Lawsuit
The statute of limitations establishes a timeframe to initiate legal action against the defendant. In New York, the general window for filing a medical malpractice case is two and a half years from the date of the injury, although various factors can influence this timeline.
Notably, according to the New York Civil Practice Law and Rules § 208, a birth injury lawsuit can be pursued within 10 years from the date of birth. This extended deadline serves to empower victims and their families in holding the responsible party accountable.
Given that some birth injuries may not be immediately apparent and diagnoses often occur after a child misses specific developmental milestones, prompt legal representation is crucial if you suspect that a negligent doctor has caused harm to your baby.
A Birth Injury Lawyer in Elma Will Help You Seek Justice
Richmond Vona, LLC, understands the emotional and financial toll birth injuries can bring on a family. We offer compassionate legal support during this difficult period. Our legal team will give you all the necessary information to make informed decisions about your child’s future.
An Elma birth injury attorney will handle all legal aspects of your case so you can focus on what is most important: your child’s well-being. You can take the first step in your pursuit of justice by contacting us today.