There is nothing more important than family, and when the health and safety of your family is jeopardized, you deserve justice. Giving birth is a beautiful and natural process, however, a negligent medical professional can bring what should be a joyous occasion to a potentially devastating outcome. This negligence could be the fault of a doctor, a nurse, or even the hospital itself. However, proving negligence is what makes or breaks a personal injury case. Fortunately, with a birth injury lawyer on your side, you can focus on caring for your family and let legal professionals handle the rest! At Shaevitz & Shaevitz, we provide expert legal advice and take on cases to ensure justice for families like yours. If you are in Queens, NY, and need a birth injury lawyer to secure compensation, trust us with your case.
Common Birth Injuries Due to Medical Malpractice
When a medical professional fails to act within the standard of care, or how a reasonable person in the medical profession would act in a similar circumstance, they can be held responsible for birth injury.
The most common instances of birth injuries due to negligence are:
Cerebral Palsy
This neurological condition affects movement, posture, and muscle control. Cerebral palsy is usually the result of a lack of oxygen, brain damage, or infection during or shortly after the delivery process. This condition can have unfortunate consequences, such as premature aging and functional decline, chronic pain, and possible seizures.
Erb’s Palsy
This injury can occur during the birthing process due to excessive force or pulling on the baby’s arms or head. Erb’s palsy can result in arm weakness or paralysis, as a network of nerves near the neck has been injured. While some cases are unavoidable, proper risk assessment and appropriate delivery techniques often eliminate the threat of this injury.
Hypoxic-ischemic Encephalopathy (HIE)
HIE is a brain injury resulting from a lack of oxygen or blood flow during the birthing process. The consequences of this injury vary depending on how long your baby was without oxygen. In some cases, it can result in life-changing developments like epilepsy or cognitive impairments. If not handled properly, issues like umbilical cord issues, fetal distress, and long-term labor are potential causes of HIE.
Broken Bones
While for some births, broken bones are unavoidable, some are due to excessive use of force or improper use of delivery tools like forceps or vacuums. The most common breaks are clavicle fractures and upper arm fractures, but in rarer cases, skull fractures can occur.
Brain Damage
Most often, brain damage as a result of birth injury is due to oxygen deprivation. This injury can potentially cause most of the injuries above and sometimes results in other unfortunate consequences. Brain injuries can lead to cognitive impairments, physical disabilities, and even mood swings or depression.
How a Queens Birth Injury Lawyer Fights for Your Family
As your birth injury lawyers, we at Shaevitz & Shaevitz will handle your case, allowing you to focus on caring for yourself and your family!
The first step in building a personal injury case is determining if negligence played a role in the injury. Not all birth injuries are a result of negligent medical professionals, so it is essential to hire an attorney to asses fault. We will work with medical professionals to obtain a detailed medical record and help determine the cause.
With witness statements, photographs, and expert knowledge of the complexities of personal injury law, we can prove the negligence of the party at fault.
The next step is to negotiate with your medical practitioner’s malpractice insurance. These insurance agents will likely contact you, hoping to minimize your payout! Using tricky tactics like pressure to accept and shifting blame for the injury, they can get away with paying you much less than what your case is worth.
As your premier birth injury lawyer in Queens, our skilled staff will handle these insurers for you! We know how to negotiate on your behalf, ensuring maximum compensation.
If the insurance company won’t settle for what your case is worth, we will represent you in court. Using our extensive knowledge of the law and the case we have compiled for you, we can win you the justice you deserve.
Secure Compensation in Queens With a Birth Injury Lawyer
Shaevitz & Shaevitz has over 65 years of experience representing the people of Queens and the surrounding areas in personal injury cases. If you and your family have experienced a birth injury, it is important to reach out to us as soon as possible. The earlier we begin collecting evidence and compiling your case, the better your chance of fair compensation. After experiencing a birth injury due to the negligence of others, your focus should be on your family. Let a Queens birth injury lawyer handle the rest.
Book a free consultation to learn how we can help you with your case.
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