Filing a Medical Malpractice Lawsuit for Birth Injuries

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Updated on Tuesday, Oct 24, 2023

Birth injuries are some of the most devastating consequences of medical malpractice. They can cripple a child for life. Although no amount of compensation can undo this tragedy, filing a medical malpractice lawsuit can help you recover the funds to pay for ongoing medical treatment and other damages.

Like many other areas of injury law, a timely response is critical when it comes to filing a medical malpractice lawsuit. If your child was the victim of medical malpractice, then an injury lawyer in New York City can help. The attorneys at Jaroslawicz & Jaros, PLLC have represented the rights of the injured for more than 30 years. Call us today at 212.227.2780 for a free consultation. In the meantime, read on to learn more about medical malpractice and birthing injuries: Medical Malpractice Lawsuits for Birth Injuries Birth injury lawsuits typically involve a number of complex legal details. Your attorney may ask several questions, including:

Did the infant sustain the injuries before or after birth?
What caused the injuries?
How did the medical staff respond to the injuries?

Common injuries associated with medical malpractice during birth include brain damage, which can result from a lack of oxygen for an extended period of time. Infants may also suffer physical damage to the shoulders, head or spine. In serious cases, birth injuries can cause cerebral and Erb’s palsy, which can have a lasting effect on both the victim and his or her family. Malpractice also includes situations when doctors improperly performed a Caesarean section or induced labor before the mother or infant is ready. Regardless of the specific injury, your attorney will attempt to prove that it was the result of willful negligence. The plaintiff must show that the doctor failed to recognize an issue and attend to it to the best of his or her abilities during the birthing procedure. Improper use of medical devices, such as vacuums or forceps, is also grounds for a lawsuit. Document Everything According to the U.S. National Library of Medicine, unforeseeable accidents can result in a number of different injuries and complications. The more information you have to prove the doctors or birthing team failed to do everything in their power to prioritize the welfare of the infant, the better your chances will be of recovering damages. Injuries that result from drug use or other treatments during pregnancy may also fall under medical malpractice. Because of this, you should keep detailed records of the treatments you undergo while pregnant, including a list of prenatal drugs and procedures. Birth injuries not only pose a risk to the infant, but they can also harm the mother. These situations may classify as medical malpractice, as well. In some cases, plaintiffs claim damages for injuries to both the mother and the infant. If you would like to speak with a New York City injury attorney about a potential medical malpractice lawsuit involving birth injuries, call Jaroslawicz & Jaros, PLLC today at 212.227.2780 for a free consultation.

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