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Some childbirth injuries are natural and unavoidable, despite the best efforts of doctors and their staff. Unfortunately, many can also be traced to negligence on the part of health care providers, sometimes resulting in permanent, potentially disabling consequences. Fortunately, in some cases, you may be able to file a medical malpractice suit to recover compensation for your child’s birth injuries.

When Can You Sue for Birth Injuries?

Healthcare Providers Were Negligent

Not every birth injury is the result of medical negligence or substandard treatment, nor is every mistake. To show negligence, you must demonstrate that you and your child did not receive the same standard of care any other trained professional would have provided. Some common signs of medical malpractice may include cerebral palsy, brain injuries, and spinal cord injuries.

Your Child’s Injuries Were Caused by Negligence

medical malpracticeDelivery room doctors or hospital staff may claim that the substandard care your child received did not cause their injuries. Proving that the health care providers committed medical malpractice often requires the testimony of medical professionals and other expert witnesses.

You Incurred Medical Expenses

Even if your child experienced an injury due to negligence, you may not be able to file a medical malpractice claim unless you incurred monetary losses. Some injuries heal on their own within a few weeks, but many others require long-term, even lifelong care. Medical malpractice settlements are intended to cover the full cost of victims’ medical care, so it’s always best to speak to a legal professional before accepting an offer.

 

If you or your child experienced a birth injury due to a doctor’s negligence, the medical malpractice attorneys at Neimark & Neimark are ready to stand up for your rights. As one of Rockland County, NY’s premier law firms, they focus exclusively on personal injury cases, allowing them to provide effective legal advice to victims throughout the area. Visit their website to learn how they can help after a birth injury or call (888) 725-7424 to speak with an attorney and schedule a consultation.

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