During a woman's pregnancy, she will attend several appointments with her doctor or hospital to monitor the baby's health and progress. This should be managed by the woman's health care provider, and it should be tailored to some extent to the woman's particular situation. For example, studies have shown that there are increased risks for women who are over the age of 35. Additional tests may need to be conducted for older women in order to look out for the health of both the mother and the baby.
The doctors and the hospital have the legal duty to provide adequate care throughout the pregnancy. Unfortunately, complications can occur during delivery, and these complications can lead to birth injuries. While birth injuries are sometimes unavoidable, they can also be due to a failure on the part of the doctors and other health care providers, and it could constitute medical malpractice.
When can I take legal action because of birth injuries?
There are many situations in which a new parent might want to take legal action because of birth injuries. In general, a lawsuit might arise any time that a new parent has reasons to believe that the health care providers could have reasonably foreseen or prevented these birth injuries. Usually, in order for a birth injury lawsuit to be successful in the state of New York, there should be proof that negligence took place.
What type of behavior constitutes negligence?
Negligence in a birth injury case is an instance where the health care provider did not act in the best interests of the patient. For example, if the woman expressed concerns about the baby's health and had symptoms and these concerns were ignored or dismissed by health care professionals, she may be able to argue that negligence was present if her concerns did prove to be valid.
How should I move forward after a bad birthing experience?
If you suffered in a situation where birth injuries occurred, it is important to consider whether you believe the situation could have been prevented had more competent health care providers been present. It is important to file in good time after the incident if you wish to make a legal claim.