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Birth Injuries

Birth Injuries Are Serious and Require an Experienced Law Firm

We represent families in Albany, Schenectady, Troy, Saratoga Springs, and all of Upstate New York

Medical errors and mistakes during labor and delivery can have devastating consequences for the life of a child and the lives of his or her parents. While no lawyer can heal the pain caused by a birth injury, financial compensation from a malpractice lawsuit can enable you to care for your child at home and improve your child’s quality of life.

If your child has suffered a birth injury, the lawyers at Hacker Murphy offer a free initial consultation to review your case and determine if the injury may have been caused by negligence on the part of the doctor or hospital staff.

Was the Doctor, Nurse or Hospital Negligent?

In some cases, there is nothing the doctor or delivery staff could have done to prevent a birth injury. If your medical providers did everything they were supposed to do, there is nothing the legal system can do for you. However, if your care fell short of the standard of care, then your medical providers may be liable for medical malpractice.

Examples of malpractice may include:

  • Failure to perform a timely Cesarean section, which can result in hypoxia (brain injury) caused by oxygen deprivation.
  • Failure to properly monitor your child during labor and delivery, which can result in cerebral palsy and other injuries.
  • Improper delivery techniques, which can result in Erb’s palsy, a devastating injury to the nerves of the shoulder.

If we think your child’s birth injury may have been caused by medical malpractice, our lawyers will review the hospital records and consult appropriate medical experts. If the evidence is strong enough, our lawyers will work hard to hold your medical providers accountable and help you recover the compensation you will need for your child’s present and future needs.

What Legal Rights Do Parents Have?

Discovering that a child has suffered a birth injury is a distressing experience for parents. Knowing the legal options available is crucial for obtaining support and compensation. This article outlines key avenues for parents dealing with such situations.

  • Medical Malpractice: Parents can pursue a medical malpractice claim if negligence during prenatal care, labor, or delivery contributed to the birth injury. Examples include failure to monitor vital signs or improper use of delivery instruments.
  • Product Liability: If the birth injury is linked to defective medical equipment or pharmaceutical products, parents can file a product liability lawsuit against the responsible parties.
  • Negligent Prenatal Care: Negligence during prenatal care that leads to birth injuries can also be grounds for legal action. Failure to address conditions like preeclampsia or gestational diabetes may be actionable.
  • Statute of Limitations: Understanding and adhering to the statute of limitations is crucial. Consulting a legal professional promptly ensures compliance with time limits for filing a case.
  • Compensation for Damages: Parents may seek compensation for medical expenses, rehabilitation costs, emotional distress, and potential loss of the child's future earning capacity.
  • Alternative Dispute Resolution: Consider mediation or arbitration as alternatives to court proceedings for a potentially quicker and less adversarial resolution.

Other Types of Malpractice Cases We Handle

Our highly-skilled legal team also represents injured victims with other types of malpractice cases, including:

Cerebral Palsy Attorneys Serving Upstate New York

We are here to help you through this difficult time — but time is of the essence, so do not delay.

Contact us for a free personal injury consultation by phone or schedule a confidential in-person meeting with an attorney at one of our four convenient offices in Albany, Schenectady, Troy, and Saratoga Springs.

Have Questions?

  • If I hire an attorney but do not want to go to trial, can I settle?
    In the course of preparing a case for trial, your personal injury attorney will work with the defense attorneys and insurance companies in an effort to secure a fair settlement for you and your family. The final decision to accept an offer of settlement or go to trial is yours alone to make.
    Contact us now to discuss your case with one of our experienced attorneys.
  • If arrested, what steps can I take on my behalf?

    1. Do not discuss your situation with anyone except your attorney.

    2. Unless your attorney says otherwise, do not discuss your case with law enforcement.

    3. Request to have your attorney present if you are to be put in a lineup or subjected to testing.

    4. Remain calm and courteous. Allow your attorney to speak for you to ensure that your rights are protected and you are given all the benefits afforded to you under the law.
    Contact us now to discuss your case with one of our experienced attorneys.

  • What is the difference between criminal procedure and civil procedure?
    When a crime has been committed, action is taken by a government agency against the person, persons, organization or other entity that violated the law. The first purpose of a criminal prosecution is punishment, which frequently consists of a fine or jail time. In a civil matter, the dispute is between two or more individuals or entities. The first purpose of a civil prosecution is obtaining compensation for the wronged person or entity. Settlement in a civil matter is generally an award of a money judgment. A criminal sentence is not imposed in a civil matter.
    Contact us now to discuss your case with one of our experienced attorneys.