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28,000 Birth Injuries Happen Each Year – Was Your Child Affected?

20% of these birth injuries lead to infant death. Unfortunately, there are times where medical professionals do everything in their power to ensure your child has a normal, healthy birth, but they still manage to experience a birth injury.

Other times, however, medical professionals do not take the actions a competent professional would normally take. If such a situation happens, you may be able to hold the professional(s) legally and financially liable for their actions. They may be judged “negligent” or “careless” by the court of law for the actions they took or failed to take.

Establishing the case

Establishing careless or negligence, however, is difficult. However, if you believe the medical professional caring for your child’s birth lacked judgment and professional competence, you may have a valid birth injury case. In order for us to understand whether your case may hold up in court, we need to analyze the details of your case.

Did the negligent act directly cause the birth injury – This isn’t always clear. Complications, such as a mother with a small pelvis, can be responsible for the injury. A birth injury lawsuit must clearly demonstrate a medical act caused the injury.

At Harnick & Harnick, our New York birth injury lawyers have more than 20 years of experience representing all types of personal injury lawsuits, including birth injuries. You can count on us to compassionately listen to all your concerns and take the right actions, regardless of what others might say or want to hear.

Do You Have a Valid Birth Injury Lawsuit?

Only the judgment of an experienced birth injury lawyer can make that determination. However, you might have a valid suit if:

  • The physician improperly used instruments such as a forceps or vacuum during the delivery of your child
  • Your child has a serious health condition or physical impairment such as cerebral palsy or Erb’s palsy
  • Your child experiences significant delays in normal developmental milestones such as walking or talking
  • The doctor fails to carry out standard testing before, during, or after birth
  • Prescribing the wrong type or amount of medication

In order to establish medical negligence, your case has to meet several criteria:

Presence of a doctor-patient relationship – You must have had a direct relationship with the doctor or nurse suspected of negligence.

A clear act of negligence must have occurred – Basic human error is not something you can hold a medical professional liable for. You must show the professional acted in way that another doctor in similar circumstances would not have.

Harnick & Harnick’s 20 Years of Experience Helps You Receive a Just Legal Outcome

When we analyze your case, you’ll receive a fair, objective opinion. Your case may or may not be a valid birth injury case. If we think your case isn’t valid, we’ll let you know. If we think you deserve significant compensation for medical professional negligence that led to your child’s birth injury, we’ll do everything in our power to help you pursue it.

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