Childbirth is an extremely sensitive process that requires the utmost diligence and attention. Because of this, care providers that assist with labor and delivery must ensure that their actions are reasonable, safe, and in the best interests of their patients. Failure to meet this basic standard can cause severe, life-altering trauma to both mother and child.
If a care provider’s negligence caused you or your baby harm during childbirth, a New Haven labor and delivery malpractice lawyer can help you pursue legal action. An aggressive birth injury attorney can not only help you recover short-term medical expenses, but also help mitigate the long-term effects that an injury at birth can have on your child’s life. Do not delay— call Berkowitz Hanna today to schedule a consultation.
Every qualified healthcare professional who plays a role in the labor and delivery process must adhere to the applicable “standard of care.” This standard is often defined as the same level of care that any equivalently qualified physician would provide under the same circumstances. If a care provider breaches this standard and directly causes a patient’s injuries, this may be the basis for a malpractice lawsuit.
Common ways in which malpractice may occur during labor and delivery include:
A knowledgeable attorney in New Haven can further clarify whether a particular labor and delivery malpractice situation might warrant legal action.
To establish civil liability for a birth injury, an impacted plaintiff—ideally with guidance from a capable attorney—must fulfill several legal requirements that do not apply to other types of personal injury claims. Most notably, they must conduct a “reasonable inquiry” to establish that their case has legal merit. This process must include written testimony from a qualified medical expert confirming that a breach of the standard of care likely occurred.
Furthermore, a successful settlement demand or lawsuit should account for both past and future consequences of an injury during childbirth. Beyond just emergency medical bills and physical/psychological suffering by the mother, it is essential to incorporate an infant’s future losses such as lost earning capacity, future costs of medical care, and lost enjoyment of life. An attorney serving New Haven can help mothers injured through labor and delivery malpractice create a comprehensive claim for damages that addresses all related losses.
The birth of a child should be a time of celebration, not devastation and fear. Malpractice during childbirth can have especially devastating repercussions that impact entire families. Taking effective legal action over an injury caused by such misconduct can be essential to maximizing the quality of life for you and your child.
Following childbirth, a mother should be resting and recovering. Allow a New Haven labor and delivery malpractice lawyer to handle the legal aspects of your case while you focus on recovery. Legal counsel can offer clarity about proactive next steps during an initial consultation. Do not leave your child’s future up to chance. Call Berkowitz Hanna today.
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