As most parents await the most precious moment of birth of a newborn, the deliveries of new babies generally go smoothly. Sometimes, pregnancies can get complicated due to various reasons often resulting in birth injuries or birth defects. If as a new parent in the state of New York, you have been a victim of such a horrible situation, then you ought to know your legal rights to protect yourself and your new-born baby.
The conditions causing birth injuries or birth defects generally fall in one of two broad categories: injuries or defects resulting from a doctor's failure to assess a condition and respond appropriately, or injuries caused by bad prenatal care. When it is the doctor's fault, it is easier to prove medical negligence or lack of competence such as improper use of forceps, failure to conduct a c-section, or wrong assessment of an unborn baby's condition in the mother's womb.
In each of these situations, the victim is supposed to use the followed treatment procedures as evidence of medical negligence during delivery. When the prenatal practices such as the mother's own habits such as taking drugs or alcohol are the reasons for birth defects, legal recourse for medical malpractice is unavailable.
So, the affected parents in New York State should first take stock of an unfortunate birth injury or birth defect situation to assess whether the causes behind such incidents are really medical malpractice carried out by a primary doctor, and other medical staff during child delivery. In a situation where substandard delivery infrastructure may have been the cause of birth injuries, the victim has the legal right to sue the medical facility for medical malpractice.
If a new-born baby suffers birth injuries due to the mother taking a prescription drug during pregnancy, then the mother has the right to sue the prescription manufacturer and the pharmacist who sold that drug to a pregnant woman.
Determining whether it is a birth injury or birth defect
Sometimes, differentiating a birth injury from a birth defect can get really complicated. For example, cerebral palsy present in a new-born can be the result of insufficient oxygen supply to the baby during labor, or it can also be the result of an unpredictable birth defect.
A birth injury is one that occurs due to some problem during the child delivery process. Research states that out of every 1,000 babies born in the US, five suffer from birth injuries. A birth injury generally happens when the doctor uses an improper delivery technique, fails to use a medical device properly, or fails to supply enough oxygen to the baby.
On the other hand, birth defects are generally caused by hereditary factors, mother's use of alcohol or drugs during pregnancy. In case of birth defects caused by factors outside the control of medical practice, the possibility of legal actions is almost non-existent in the state of New York.
Proving a case of birth injury as a result of medical malpractice
The usual procedure that any medical malpractice law firm in New York will follow to prove birth injuries involves:
· Gathering systematic data like medical records, records of treatment procedures, photos, and whatever else is available to prove the negligence of healthcare providers or the hospital where the child was delivered.
· Arranging the acquired evidence or data to prove that the medical providers fell below the generally accepted standard of medical care.
· To establish a general standard of medical care, the attorney will have to present the testimony of a qualified medical expert in the field of obstetrics.
· Finally, based on the established standard of medical care, the attorney must demonstrate that the alleged NY healthcare provider's deviation from accepted standard of medical care resulted in birth injuries during child delivery.
If your wife and new-born baby suffered birth injuries sue to the negligent behavior of a NY doctor, medical staff, and also the hospital, then you have the right to contact the expert medical malpractice lawyers in New York State-Rosenberg, Minc, Falkoff, & Wolff of RMFW Law at 212-344-1000. This proven and established law firm has helped many parents and babies in New York with birth injury claims.
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