While the labor and delivery process may not always go as planned or hoped for a mother, it is usually safe for both mothers and their babies. Serious consequences can occur, however, when the physician or other labor and delivery staff fail to act within a reasonable standard of care.

A seasoned Queens labor and delivery malpractice lawyer could help if you or your loved one suffered from an injury during or after childbirth. The experienced attorneys with Silberstein, Awad & Miklos, P.C. stand by the side of injured mothers and babies and fight for their right to receive compensation for harms suffered.

Our skilled malpractice attorneys work closely with medical professionals in analyzing a claim. We advocate on behalf of injured patients and work tirelessly in building cases to present in court.
We bring over 30 years of experience to each case. We have helped individuals recover millions of dollars in compensation due to medical malpractice. Our firm has the resources available to work on a contingency basis. We are available seven days a week by phone, email, and in-person. Let our team work for you.

Proving Claims of Negligence

According to a study by the Centers for Disease Control and Prevention, roughly 600 women pass away annually during pregnancy, childbirth, and after delivery. Fatalities during childbirth often occur due to the negligence of a health care provider.

Negligence is the legal concept that is used to hold defendants liable for damages. A doctor or other medical professional may be found negligent if they fail to act in accordance with current standards of care or in a way that another reasonable medical professional would behave in the same situation.

In order to prove negligence, the plaintiff typically must illustrate that:

  • The physician or other medical professional owed a duty to the patient
  • The defendant breached that duty
  • The breach caused injury to the patient
  • The injury caused damages such as pain and suffering or increased medical bills

What is Labor and Delivery Malpractice?

Negligence can take on many forms in a labor and delivery room. Common examples of labor and delivery malpractice include:

  • Failure to properly monitor the mother and baby
  • Failure to perform a medically necessary cesarean section (C-section)
  • Improper use of vacuum or forceps during delivery
  • Failure to call in a specialist when the patient or fetal condition warrants
  • Misdiagnosing birth complications
  • Failure to recognize fetal distress
  • Failure to recognize post-delivery infections
  • Failure to administer medication
  • Administering too much medication

Our knowledgeable labor and delivery malpractice lawyers in Queens investigate claims and work to hold the negligent parties accountable for their injuries, whether it be the doctor, nurse, or medical facility.

Requirements to Filing a Claim

New York law allows patients and their families to seek compensation when they suffer due to the negligence of labor and delivery doctors and staff. There are a few legal guidelines and requirements a plaintiff must follow in order to file their claim. Our injury attorneys are knowledgeable in filing claims and could guide individuals throughout the legal process.

In New York, attorneys are required to file a certificate of merit in conjunction with the plaintiff’s original claim as per New York Civil Practice & Law Rules § 3012-a. Within this certificate, a Queens labor and delivery malpractice attorney must attest that:

  • They evaluated the case and consulted with at least one medical professional who is experienced with the particular medical area of practice
  • They believe the medical professional and the validity of the labor and delivery malpractice claim
  • If they were unable to speak with a medical professional, they made good faith attempts to speak with at least three different individuals

If filing the certificate of merit would impede the malpractice claim from being filed within the proper time frame, the law grants a 90-day extension to the plaintiff.

Consult a Queens Labor and Delivery Malpractice Attorney

Malpractice during childbirth can lead to a lifetime of consequences for a mother and her baby. Our dedicated attorneys at Silberstein, Awad & Miklos, P.C., understand the pain and suffering that can come along with labor and delivery complications. We can help you hold the responsible party accountable for your injuries.

If you or your child sustained an injury, a compassionate Queens labor and delivery malpractice lawyer could help you seek compensation. We are here to help you seek justice. Call today for a free evaluation.

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Silberstein, Awad & Miklos, P.C.

Silberstein, Awad & Miklos, P.C.
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