Why Call a Birth Injury Law Firm
Our most precious asset, whether at the personal or societal level, is our children. Of course, we love our children regardless of any condition. None can argue, however, that it would be wonderful if all children were born healthy. It may come as a surprise to some that many aren’t because they suffered a birth injury due to the actions of inept individuals, from reliance on faulty equipment, inadequate facilities, unsafe vendors or bad policies on the part of medical facilities or insurance companies. Every year, thousands of children are hurt this way, and many suffer or even die from their injuries.
The only way to reduce these kinds of injuries is to hold those who are responsible accountable for their actions. Unfortunately, many of these children and their families will never see justice at the criminal level. To be sure, criminal laws designed to prosecute neglect and abuse exists aplenty among New York statutes. Enforcing these laws is the greater challenge partly because of an overwhelmed criminal court system, but the good news is that children have recourse through civil law as well. These laws and how they may apply to any given situation are thoroughly understood by good birth injury attorneys.
A birth injury attorney in New York works to reduce the incidence of activities and processes that harm children at birth. They do this by bringing civil law to bear on responsible parties. More damages paid do not always lead to greater accountability and care, but oftentimes they do. Providers are forced to think twice when they are forced to pay directly, as when a hospital pays a settlement, or in less direct ways, such as increased insurance rates for higher risk providers. Either way, a person who has an attorney well-versed in civil laws that protect children, just as Tanya Gendelman, Esq. is ensures a powerful advocate in their corner.
Those people knowing of children who may have suffered any injury at birth might consider sharing this kind of information with the child’s parents or caregiver. There is no way of knowing how many injuries to children occur at birth. Some estimate anywhere from 6% to 8% of births, maybe more, result in some kind of injury to the child. Even 1% is an intolerable number, and birth injury attorneys like those found at the Law Offices of Tanya Gendelman, P.C. both ensure victims’ just compensation and help reduce the incidence of birth injuries.
Thankfully most births result in a healthy baby and happy parents, but occasionally things can go wrong and you need to consult a birth injury lawyer. It is a sad fact that occasional problems arise, leading to a baby who is unhealthy. It can sometimes happen that the mother or baby is injured during childbirth. If this has taken place, it may be a good idea to retain a birth injury lawyer.
You should look for a lawyer with a strong track record of success in cases like this one. Most birth injuries are the result of unforeseen circumstances, however, there are times when damage might be the result of malpractice.
Malpractice refers to any act or omission committed by medical staff, which results in injury or damage to yourself or your child. If you believe that this has happened to you, you should begin seeking a qualified birth injury lawyer.
Initially, you may want to speak to the people around you, to see if they are able to refer you to a good attorney.
After what you have just gone through, you may be feeling some doubt as to whether a court case is a good idea. If this injury has taken place because of an act or mistake committed by medical staff, however, you should seek a birth injury lawyer.
Your birth injury lawyer has the tools to reach professionals in the medical industry to get to the root of the problem and learn why it took place. If the lawyer determines that the injury occurred due to medical malpractice, they will be able to help you put together your case and seek a settlement.
When you sue for malpractice, you will need to show the court that the medical professionals had an obligation to care properly for you and that they did not do so. The lawyer will seek to show the court that the doctor or nurse admitted you, and as such had an obligation to care for you and your baby.
If there is evidence that the care you received did not adhere to the appropriate standard of care, then this will have to be testified to by an expert witness.
Locating an expert witness is one of the tasks that your attorney will complete for you. You will also need to prove that the injury was caused because the defendant did not adhere to appropriate standards.
Your lawyer will use other medical professionals to advise in what aspects the care you received did not adhere to the appropriate standards and it was this lack of care that resulted in the birth injury.
If the court finds that malpractice was involved then your attorney will then calculate damages and try to ensure that you receive a good settlement. In the unfortunate event that the court does not rule in your favor, the positive side will be that you will gain a better understanding of why the injury took place.
You can get a free consultation appointment with a birth injury lawyer who has achieved millions in compensation for previous clients.