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By Richard Obiol
Principal Attorney

The birth of a child is a joyous occasion eagerly awaited by families in the Town of Hempstead, New York, and beyond. However, when a birth injury occurs due to medical malpractice, it can turn what should be a happy moment into a time of confusion, anguish, and uncertainty. In such cases, it’s crucial for families to understand their legal rights and options for seeking justice.

Understanding Birth Injuries

Birth injuries are injuries sustained by newborns during labor and delivery, often resulting from medical negligence or errors on the part of healthcare providers. These injuries can vary in severity, ranging from minor bruises or lacerations to more serious conditions such as cerebral palsy, Erb’s palsy, or brain damage. Common causes of birth injuries include:

  • Failure to monitor fetal distress
  • Delayed or improper delivery techniques
  • Misuse of medical instruments such as forceps or vacuum extractors
  • Failure to diagnose or treat maternal infections
  • Medication errors during labor and delivery

Legal Rights for Families

Families whose newborns have suffered birth injuries due to medical malpractice have legal rights to seek compensation for their damages. These rights may include:

  • Medical Expenses – Coverage for past and future medical expenses related to the treatment and care of the injured child, including hospital stays, surgeries, therapies, and medications.
  • Rehabilitation Costs – Compensation for rehabilitative services and therapies necessary to address the child’s injuries and maximize their potential for recovery.
  • Pain and Suffering – Damages for the physical pain, emotional distress, and mental anguish endured by the child and their family as a result of the birth injury.
  • Loss of Earning Capacity – Compensation for the child’s diminished earning capacity if their injuries prevent them from pursuing certain occupations or earning a living in the future.
  • Lifetime Care Costs – Coverage for ongoing care and support services required by the child throughout their lifetime, including specialized medical care, assistive devices, and home modifications.

Seeking Legal Counsel

Navigating the complexities of a birth injury claim requires the expertise of an experienced medical malpractice attorney who specializes in handling birth injury cases. A knowledgeable attorney can help families gather evidence, assess liability, and pursue fair compensation on behalf of their child. Additionally, an attorney can advocate for the child’s best interests and ensure their rights are protected throughout the legal process.

The Attorneys at Civardi & Obiol Help Those in New York Whose Children Suffered Birth Injuries Due to Medical Malpractice

If your baby has suffered a birth injury due to medical malpractice, it’s crucial to understand your rights and the potential legal remedies available to you. A knowledgeable and experienced personal injury attorney with experience in medical malpractice can advocate for justice and do their best to hold those responsible accountable.

At Civardi & Obiol, our qualified New York personal injury attorneys will help walk you through the process every step of the way. We will fight for your rights – and those of your child. To learn more or schedule a free consultation, contact us today.

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