While medical care for pregnant mothers and their babies has improved dramatically, a lot of complicating factors can arise during childbirth that may pose a serious risk of harm to both mother and child. Any medical professional who establishes a doctor-patient relationship with a pregnant mother is expected to be aware of all possible complications and do everything they can to minimize the harm they may cause.
As you may have unfortunately learned, not all doctors meet the standard of care expected of them under circumstances like this. That sometimes leads to birth injuries with life-changing consequences. If you or your child suffered preventable physical harm due to misconduct before, during, or after labor, you may have grounds for a medical malpractice claim, which a skilled Nassau County birth injury lawyer can help you take advantage of.
In order to have grounds to sue over a birth injury, you need to prove the injury happened specifically because of a breach in the standard of care you were owed from the doctor who cared for you and your child while you were giving birth. As our Nassau County birth injury attorneys can explain in further detail, the standard of care for a healthcare professional is based on what another equally qualified and experienced doctor would have done under the same circumstances.
Examples of actions that could qualify as breaches of the standard of care for medical professionals helping mothers through childbirth include:
What can be considered the standard of care for a particular physician can be surprisingly subjective. Assistance from seasoned legal counsel could be vital to establishing a legally actionable breach occurred.
A birth injury lawyer in Nassau County can also play a vital role in identifying, assigning a fair financial value to, and proactively demanding compensation for every form of harm you and your child will experience due to a birth injury caused by medical malpractice. It is possible and usually crucial to account for the harm you have already sustained by the time the legal process begins and also for harm your family can expect to experience in the future.
Depending on the nature and severity of a birth injury, this may mean demanding compensation for things like long-term costs of medical and rehabilitative care, a permanent loss of future working and earning capacity, physical pain, and various forms of psychological suffering and distress. Fortunately, state law does not impose artificial caps on how much money a victim of malpractice can demand through a lawsuit or settlement demand.
Of course, no amount of financial restitution can erase the damage medical misconduct during childbirth can do to your child’s long-term well-being or your own. What it can do, though, is mitigate specific losses that misconduct will cause you and maximize your family’s quality of life both now and well into the future.
You have help available with whatever legal action you wish to pursue from a seasoned and compassionate Nassau County birth injury lawyer. Call today for a consultation.
No. Our injury cases are handled on a contingent retainer. You pay nothing upfront, and we recover attorney’s fees only if your litigation is successful. We don’t bill by the hour. You don’t need to worry about running up a large attorney’s bill before you see any recovery for your injuries.
Yes. Our firm is dedicated to creating a strong relationship with our clients, beginning with keeping your information and consultation confidential.
Each case we encounter is carefully screened and evidence scrutinized to make sure the claim is meritorious and may be successful at trial. We will perform an investigation, and then our partners make a final decision on whether to take on a case.