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Negligence Personal Injury Lawyer New York, NY

Negligence Personal Injury Lawyer New York, NY

Negligence Personal Injury Lawyer New York, NY

In New York, there are clear laws that protect the victims of negligence, which includes a birth injury. If your child has been injured at the hands of a medical practitioner, please call a negligence personal injury lawyer New York, New York has to offer. At Oddo and Babat, P.C., we have the necessary experience, knowledge, and resources to handle birth injury cases, and those involving negligence. To explore your legal options, give our firm a call now. 

Birth Injury or Birth Defect?

One of the first concerns a parent might have is whether their child’s injury was the result of medical negligence or a birth defect that was unavoidable. This is a common concern, and is often attributed to doctor’s claims that insist what happened was natural or could not have been prevented. If you believe something isn’t right, or you strongly feel that whatever happened should not happen, listen to your instinct and call a negligence personal injury lawyer in New York, New York. 

When a child has been diagnosed with a medical ailment soon after their birth, it is often unknown whether the condition is a defect that developed while the child was in the womb, or a result of a birth injury. There are a number of factors that can cause the same condition; however, in some cases it might be a defect and in others it may be due to negligence. This is why it is important to have a New York, New York negligence personal injury lawyer. 

Birth Injuries

Birth injuries can occur during the labor and delivery process, while in neonatal care, or in postnatal care. Some birth injuries can be prevented, these include:

  • Brain damage
  • Nerve damage
  • Broken bones or fractures
  • Erb’s Palsy
  • Cerebral Palsy
  • Oxygen deprivation
  • Seizures
  • Fetal lacerations
  • Death

As a negligence personal injury lawyer in New York, New York, our firm takes birth injuries very seriously. If any medical professional harmed your child during birth, let us review your case and explain to you what your legal options may be. 

Birth Defects

In general, a birth defect is something that develops in the womb of the mother. Some are hereditary and others are caused by the environment of the womb, medications, alcohol, drugs, and more. Birth defects can affect the child’s body in many ways; however, most are related to the central nervous system. Although birth injuries are more common in malpractice cases, it is possible for a birth defect to be the result of negligence. These cases are generally more complex and often require a very experienced negligence personal injury lawyer New York, New York residents trust such as Oddo and Babat, P.C.  An example of this case may be when a drug manufacturer failed to warn of a potential birth defect that could develop in the womb of a pregnant woman who was taking the medication. If a lawyer can prove the drug caused the defect, compensation may be available. 

How Do I Know if I Have Grounds to File a Birth Injury Claim?

The aftermath of a traumatic birth experience can be truly disorienting. When the unexpected occurs during the birth process, emotions and tensions tend to run so high that it can take hours, days, weeks and even months to mentally sort through what just occurred. As a result, it may take parents a significant amount of time to realize that their child may have been harmed while being born and/or during the immediate aftermath of his or her entrance into the world. It may take even longer to realize that this harm could have been prevented.

If you have questions about whether you may have grounds to file a birth injury claim, please do not hesitate to speak up. If your child was born hours, days, weeks or even months ago, you have absolutely no reason to be shy about speaking up right now. And if a significant amount of time has passed since your child was born, you have nothing to be embarrassed about in exploring your legal options now. Birth injury cases are not always straightforward, are unusually emotional and may involve delayed symptoms. If you are unsure of whether your child may have been harmed due to another’s negligence or recklessness, and even if your child is technically no longer a “newborn,” you have a right to explore your legal options. An experienced New York, New York negligence personal injury lawyer can help you to do just that.

Birth Injury Claims: The Basics

It is true that everyone, even highly-trained and ultra-conscientious professionals sometimes make mistakes. For numerous reasons, not every mistake is legally actionable. The law generally insists that if a healthcare professional owes a duty of care to a patient and makes a mistake while maintaining that legally established duty of care, he or she is not generally liable for mistakes that are neither negligent nor reckless in nature. However, when a healthcare provider does behave in a negligent or reckless manner and harm results, that provider may generally be held accountable under the law. If you have questions about this distinction, a New York, NY negligence personal injury lawyer can certainly clarify.

It is important to note that “negligence” and “recklessness” are legal standards. As a result, it can be difficult for individuals who are neither personal injury attorneys nor healthcare providers to know when any given action does or does not meet these thresholds. As a result, it is important for parents not to make assumptions about whether a healthcare provider’s behavior is or is not actionable. Speaking with an experienced New York, NY negligence personal injury lawyer may be the only way to know for sure whether or not you have grounds to file a birth injury lawsuit against your provider.

Legal Guidance Is Available

If your child may have been injured during the birth process or in the immediate aftermath of being born, please consider connecting with a New York, NY negligence personal injury lawyer today. The experienced legal team at Oddo & Babat would be more than happy to help answer any questions you may have as we guide you through any legal options that may currently be available to you and your family. And should you ultimately decide to pursue legal action, our experienced lawyers will be able to provide you with guidance and support as we advocate on behalf of your child and your family via the personal injury claims process. Even if you are unsure of what caused your child harm, you certainly have the right to have your questions answered and to receive clarity regarding his or her situation. We look forward to helping you achieve these aims.

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