Upon entering labor, your only wish may be to deliver a happy and healthy baby. Unfortunately, your birth delivery may not go according to plan if the medical professionals in the room fail to work at the standard of care. Continue reading to learn whether you have a valid claim and how an experienced New York City birth injury attorney at Mark L. Bodner, P.C. can evaluate your legal options.
Do I have a valid medical malpractice claim if I was injured during birth delivery?
To reiterate, you may have a valid medical malpractice claim if the medical professionals in the delivery room acted negligently in any way. This is because such negligence may have directly led to you incurring serious injuries and damages during your birth delivery. Or, it may have resulted in your newborn suffering from injuries and damages. Without further ado, if any of the following accidents apply to you, then you may proceed with legal action:
- The medical staff failed to detect your newborn’s experiencing fetal distress during your birth delivery, and they now have cerebral palsy as a result.
- The medical staff failed to guide you on the correct maneuvers during your birth delivery, and now your newborn has Erb’s palsy as a result.
- The medical staff failed to properly use forceps during your birth delivery, and now you and your newborn are injured as a result.
- The medical staff failed to order an emergency C-section when your newborn was in a breeched position, and now your newborn has brain damage as a result.
- The medical staff failed to perform an emergency C-section correctly, and now you are suffering from endometritis, postpartum hemorrhages, surgical site infection, or another type of surgical injury.
Can I file a claim on my child’s behalf?
We understand that, as seen in the aforementioned examples, there are some medical malpractice incidents in which only the newborn incurs serious injuries and damages. So, if this is your case, then you may be able to bring forward a claim on your child’s behalf.
As the plaintiff of this claim, you will take on the responsibility of fulfilling the burden of proof; that is, collecting enough evidence that proves how your child’s injuries are intrinsically associated with a medical professional’s negligence. You must also ensure that you are seeking an adequate amount of financial compensation that can cover your child’s future medical needs and other special needs. Ultimately, you must take on this claim before the statute of limitations runs out, which is generally 2.5 years in New York State.
At the end of the day, you must tackle your medical malpractice claim as soon as possible. So call a skilled New York City medical malpractice attorney from Mark L. Bodner, P.C. today.