New York Labor and Delivery Negligence
The birth of a child is an exciting time. Unfortunately the unexpected can happen and, childbirth can be a very sad and overwhelming experience. If the delivery of an infant becomes complicated, the attending medical professional must respond accordingly. If a physician is negligent during labor and delivery, the mother or infant may sustain an irreversible injury. According to our New York Labor and Delivery Negligence Lawyer team at Stephen Bilkis and Associates, PLLC, a doctor is obligated to deliver a reasonable standard of care while performing their duties. If a doctor fails to deliver the standard of care and injury occurs, they may be held liable for medical malpractice.
Labor and delivery negligence often leads to numerous types of injury to the mother and infant, such as sterility, brain injury, bone fracture, hemorrhage, nerve damage and even wrongful death. Our New York Labor and Delivery Negligence Lawyer staff at Stephen Bilkis and Associates, PLLC is aware a brachial plexus injury is among the most common types of injury associated with labor and delivery negligence, along with:
- Erb’s palsy
- Klumpke’s palsy
- Horner’s syndrome
- Cerebral palsy
- Shoulder dystocia
- Intracranial hemorrhage
- Subdural hematoma
Our New York Birth Injury Attorney staff has learned labor and delivery negligence can result in a failure to diagnose a prolapsed umbilical cord, which can starve the infant’s brain of oxygen, leading to an anoxic brain injury or hypoxia. Medical professionals are trained to diagnose fetal distress and provide medical care to prevent unnecessary injury. If your child suffers from an injury as a result of labor and delivery negligence, our highly skilled New York Labor and Delivery Negligence Lawyer group at Stephen Bilkis and Associates, PLLC will protect your rights and pursue a medical malpractice claim to recover the compensation you deserve.
This area of law deals with the concept of medical malpractice and negligence. This cause of action arises when a patient is harmed by the actions or lack of action by a medical professional. These errors could include a surgical error, a serious mistake with labor and delivery, a misdiagnosis or even a serious infection. In order to have a medical malpractice claim, there are certain elements that must be present. These include:
There must be a relationship between the doctor and patient. For instance if you received a casual but incorrect diagnosis at a cocktail party, this would not suffice because there is no relationship between the parties.
The physician must have conducted himself in a negligent manner. This could include negligence in your treatment or in the diagnosis. Your lawyer will need to prove that a reasonable doctor under the same circumstances would not have acted the same way. The key question that will need to be answered is whether the doctor acted reasonably and responsibly under the circumstances.
Your lawyer will need to prove that the negligence of the doctor was the cause of your injury. This can be more challenging to prove than it sounds, if for instance the patient is already sick. It could be difficult to pinpoint the exact cause of the injury to the patient.
It must be proven that there are damages as a result of the injury. The patient must have suffered some type of direct harm from the injury.
Damages for these actions in set out in NY CPLR 1411 (2012). Damages can include:
- Reimbursement for medical expenses
- Physical pain
- Mental anguish
- Lost time from work
Labor and delivery negligence can have a lifelong impact on your financial stability and emotional well-being. Continued medical treatment can lead to a financial burden you may not be able to recover from. If you can prove that negligence occurred during the labor and delivery process, you may be entitled to recover compensation for your financial burden and emotional distress. Our New York Labor and Delivery Negligence Lawyer team at Stephen Bilkis and Associates, PLLC will review your medical records, retain experts and successfully fight for monetary compensation for your losses.
If your child is suffering from an injury resulting from labor and delivery negligence, contact our New York Injury Lawyer staff at Stephen Bilkis and Associates, PLLC. Please call us at 800.696.9529 FREE, online or contact one of our offices in New York in New York City, Queens, Brooklyn, Manhattan, the Bronx or Staten Island, in Long Island in Nassau County or Suffolk County or in Westchester County for a free case evaluation.