Queens Birth Injury Attorney
The birth of a new child should be a joyful occasion for the baby’s family. Unfortunately, some babies suffer injuries during birth at the hands of negligent health care providers. Some injuries endanger the lives of the mother or baby, or both. Often, birth injuries affect the child for his or her entire life. If your baby suffered a birth injury, it’s important to recognize the difference between an unavoidable tragedy and medical malpractice. If you believe your doctor was negligent during your baby’s delivery, our Queens birth injury lawyers can help you understand your rights for compensation.
Birth injuries that result from negligence are a form of medical malpractice. Medical malpractice describes situations in which doctors harm their patients through negligent errors or, in rare cases, intentional actions. In order to win a malpractice lawsuit, the plaintiff (the injured party suing) must prove four things:
- 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.
Contact our Experienced Queens Birth Injury Lawyer
Medical malpractice cases are rarely simple situations, and birth injury cases in particular may rely on expert witness testimonies, input from specialists, and extensive documentation to secure a successful settlement or verdict. One of the best resources for parents in these situations is to seek an experienced birth injury attorney.
Reach out to the Queens injury lawyers at Omrani & Taub, P.C., if you have any questions about medical malpractice law, or if your family has recently endured a birth injury at the hands of a negligent doctor. While these cases are complex and time-consuming, our team of injury lawyers have the knowledge and experience necessary to secure satisfactory outcomes for our clients. Call our Queens office at (718) 714-1515 for a free consultation.