Was your child hurt during labor & delivery ? Find out.
During childbirth, doctors and other medical professionals are expected to act in the way that other reasonable physicians would. When medical professionals fail to live up to the standard, however, they could be considered negligent and liable in court for the injuries they caused.
If your child was hurt due to the negligence of a medical professional before, during, or after birth, speak to a compassionate Brooklyn birth injury lawyer. Our attorneys could help you seek compensation for all the pain you, your baby, and your family have suffered.
At Silberstein, Awad & Miklos, P.C., we have dedicated over 30 years of experience to help patients seek justice by holding negligent parties accountable for their actions. We work with experienced medical professionals and advisors to investigate, testify, and prove the validity of a case in court.
Let one of our dedicated medical malpractice attorneys help you seek compensation for your child’s injuries. We are here for our clients every day of the week. Speak to a compassionate lawyer to learn about your legal options today.
Defining Birth Injuries in Brooklyn
A birth injury is usually caused by physical pressure during the journey through the birth canal. Minor injuries at birth are common in newborns. Injuries that involve broken bones, nerve damage, or other long-term problems are rare but can be serious.
Other examples of severe birth injuries include:
- Bleeding on the brain
- Brain injury
- Bleeding outside of the skull bones
- Damaged nerves in the face, neck, shoulder, arm
- Oxygen deprivation
- Perinatal asphyxia
- speech issues
- Significant blood loss leading to shock
Parents who have a baby born with any of these or other serious injuries should discuss their case with an experienced birth injury lawyer in Brooklyn as soon as possible. Our dedicated lawyers at Silberstein, Awad & Miklos, P.C. could help determine the type of damages you may be eligible to receive.
Who is Liable for Birth Traumas?
Medical malpractice is not strictly limited to doctors. Many parties may be liable for causing any birth injuries. Other than doctors, liable parties might include:
- Health care facilities
- Pharmaceutical companies
Hospitals and Employees
Employers could be vicariously liable for the actions of their employees. According to the “respondeat superior” doctrine, if the employee was acting in the scope of their employment when the negligent act or omission occurred, their employer may be held liable.
If the doctor or nurse was working as an independent contractor, the hospital typically cannot be held liable for the contractor’s negligence as respondeat superior does not apply to non-employees. Under some circumstances, however, the hospital or another employer could be vicariously liable for the acts of their contractors.
As explained in New York Civil Practice Law & Rules §1601, if one defendant is determined by the jury to be less than 50 percent liable for the plaintiff’s damages, they face several liability and would be required to compensate the plaintiff based on their percentage of fault.
A skilled birth trauma attorney in Brooklyn could help injured individuals determine the liable party and hold them accountable in court.
Assistance from Brooklyn Birth Injury Attorneys
If you suspect that your newborn sustained an injury that arose from the negligence of a physician or other healthcare provider during birth, a Brooklyn birth injury lawyer could help determine if your case has merit.
You may be entitled to compensation for the pain and losses you and your baby have endured. Our lawyers at Silberstein, Awad & Miklos, P.C. are ready to help patients harmed by a medical professional’s negligence. Our legal team is available by phone, email, and in-person. To learn more about your options, contact us today.