The birth of a child is always a joyous occasion for any parent or family. However, it is also seen that due to doctors' errors during the birthing process, either the mother or child or both have been negatively affected, resulting in irreparable harm and injury.
Medical ethics demands that each medical professional involved in the infant's delivery must perform his duties diligently and most carefully. Moreover, all such professionals must perform the job as a team to ensure that the process of birth goes off smoothly. When there's a violation of such stipulated care standards, medical malpractice is said to have happened in a labor & delivery case and calls for due compensation.
Circumstances leading to medical malpractice
Medical malpractice is said to have taken place in the following circumstances:
· Where the attending physician has failed to monitor the fetus adequately: If the attending staff do not regularly review the fetal monitoring strip, they can overlook vital warning signals if the unborn fetus is in distress. This can jeopardize both the mother and the baby's lives.
· In such cases, emergency Caesarean section surgery is advised and should the attending gynecologist failed to have done that, it could lead to the mother's death or irreparable neurological damage to the child.
· Injuries of the Brachial plexus due to forcible or faulty application of forceps during delivery. This may also result in shoulder dystocia, also called Erb's Palsy whereby the child is born with a permanently damaged shoulder which may affect hand movement for life or even end up with a partially or even fully paralyzed limb.
· Any other neurological injury sustained because of nicking the child's scalp during a caesarean section or because of overall rough handling. These injuries usually lead to profound developmental delays.
How to fight such medical malpractice
In such a medical malpractice case, you must be ready to take the case to trial. Since the reputation of the doctor and/or the hospital is at stake, both will fight tooth and nail to wriggle free. Even the insurer will try his best to pay the least amount possible.
This is a situation which you simply can't fight by yourself and calls for the services of a hard-nosed, experienced, tough talking and knowledgeable lawyer or team of lawyers. This may be a long drawn court battle involving multiple witnesses and medical experts to give their opinions.
A brilliant law firm
Rosenberg, Minc, Falkoff & Wolff LLP or RMFW Law of New York has a team of highly experienced labor and delivery negligence attorneys who have won many such cases for their clients by making the correct representation to a grand jury. When the opposition acts tough or is unwilling to settle amicably in spite of being at fault, we take your case to trial.
Our panel of medical experts comprises the best in the field and whose opinions and statements as witnesses in a court of law are always respected and accepted by most juries. You have to have one medical expert backup your claim or you do not have a case. It is that simple. We know some outstanding medical professionals in the community and if they support your case, then RMFW Law will go all for you.
Call us at 212-344-1000. The first meeting with us free.
We have won millions of dollars for passed clients; you too can be on this profound list. We know how to win these types of cases. We make a habit of it in fact but these cases are difficult and there is no such thing as a duplicate case. Do not sign anything with any insurance company until you have RMFW Law on your side! Their offer is most likely lower than what you deserve and can obtain through us.
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