Buffalo Birth Injury Lawyer
Giving birth is a huge moment in a person’s life. Welcoming a new baby into the family is an emotionally charged experience, but there is also joy and love. Putting the safe delivery of your child into the hands of a healthcare professional is a huge act of trust. Unfortunately, that trust is not always honored, leaving Buffalo families suffering.
What happens when your baby is injured during the process of childbirth due to the negligence of the doctor that was supposed to take care of them? Injured families can seek out the guidance of a Buffalo birth injury lawyer from Brown Chiari LLP. Seek a lawyer’s help for your family’s suffering.
How Do Birth Injuries Occur?
Birth injuries can occur in many ways, but for lawsuits, one factor remains the same: the medical professionals entrusted with the birth did not provide the best possible care to their patients. If a doctor is tasked with delivering a child, they should provide reasonable care and attention to avoid making a dangerous mistake.
Birth injuries are commonly caused by the following:
- Negligent prenatal care
- Prolonged labor or delivery
- Using assistive devices like forceps incorrectly
- Rupture of the uterus
- Deprivation of oxygen to mother or child
- Failure to monitor the mother or baby before, during, and after birth
- Failure to notice signs of fetal distress, like umbilical cord issues
- Miscommunication between medical professionals
- Failure to call for and perform an emergency C-section
Any of these mistakes can have lifelong consequences, and a single moment can make all the difference. It is important to note that birth injuries are not the same as birth defects. Birth defects are caused prior to birth, and can be impacted by smoking, drinking, drugs, and medical conditions. Birth injuries are the result of a problem during or shortly after birth.
When is the Buffalo Doctor Liable?
Doctors are bound to a duty of care. A duty of care is the legal obligation of a doctor to act professionally and provide the same level of care as any competent healthcare provider would. If a doctor does not uphold these oaths, they may be liable for your family’s suffering.
To have a valid case, you must be able to prove that the professional overseeing the birth behaved negligently, and violated their duty of care. Additionally, you must be able to prove their actions are directly linked to the injury your baby suffered. You must also provide evidence of damages caused by the incident, be them emotional, physical, or financial.
However, while the Buffalo doctor may have caused the accident, they may not always be the liable party. In some cases, the hospital or doctor group they’re part of may cover their mistakes, defending them and paying for the costs. Your lawyer can help you file a lawsuit against the right group and get compensated fairly.
Legal Options in Buffalo Birth Injury Claims
In New York, the statute of limitations for filing a birth injury lawsuit is two years and six months following the injury. It is important to note that, if you are unable to file a suit within that time, your child may be able to file a suit of their own. Once the child reaches adulthood at 18, the timer of two years and six months starts running for them.
The law is complex, and difficult to navigate without years of training. This is where a Buffalo attorney comes in. A competent attorney will launch an investigation to gather all relevant information for your claim. Because lawyers have a wide network of connections, it can be easier for them to find relevant information.
This investigation may include reviewing medical records, gathering witness statements, reviewing notes, examining the healthcare provider’s history of providing care, consulting experts, comparing statements, reviewing the healthcare center’s history, or even hiring a private investigator.
Having an attorney is also helpful to make sure you are getting the compensation you deserve for your claim. Experienced lawyers will have seen similar cases, and will be able to determine the financial recompense you can reasonably obtain.
Connect with a Birth Injury Lawyer in Buffalo
If your child was injured during birth because a healthcare professional breached their duty of care, you may be eligible for financial compensation. While no amount of money will undo the physical and emotional damage caused by a birth injury, it could help you manage medical bills and other necessary expenses.At Brown Chiari LLP, we understand how stressful this experience can be. That’s why we offer free consultations with a Buffalo birth injury lawyer. Call 716-681-7190 to speak with one of our compassionate, experienced Buffalo attorneys today.
