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When And How to File a Birth Injury Medical Malpractice Claim

If you've been injured in an accident or on the job, the attorneys of Hach & Rose, LLP have the knowledge, skills, and experience required to hold the party responsible for your injury accountable.

Last Updated: 07-25-2023
Written by: Michael A. Rose and Gregory Hach

Gavel and stethoscope with dark backgroundIf a child suffered a severe injury during birth due to the negligence or carelessness of a medical professional, the child’s parents could seek justice through a medical malpractice claim.

A birth injury malpractice claim could be brought against a hospital or individual if the medical professionals handle the birth act in a way that is below the standards of the medical profession. These injuries could be due to a medical professional misusing a surgical tool during birth. An obstetrician or gynecologist failed to diagnose an ailment in the baby before it was born. Or an OBGYN did not properly treat the mother and fetus when they discovered a problem. 

Filing a birth injury medical malpractice suit can be difficult for any family. It can be expensive, time-consuming, and emotionally draining. You must contact an attorney specializing in these claims to help you navigate the complicated process of suing. Below is some helpful information that you will want to know if you’re considering pursuing a claim.

What to prove in birth injuries

To prove medical malpractice, your attorney must show that a professional did not meet the standard of care that would apply to an obstetrician, gynecologist, or other specialist treating a similarly situated patient in similar circumstances. Often, your attorney will consult with expert witnesses to explain the nuances and technical terms associated with the medical field to the jury. That will help them better understand the situation and the failures of the at-fault party.

Other witnesses must explain how the child’s injury is not a natural birth defect. That it could have been prevented. They need to prove that the injury was caused by negligence and would not have happened under similar circumstances had the patient been operated on by another doctor. 

When to file

If you believe you have a case, you must file a medical malpractice claim within two years and six months of the injury. Should you file a wrongful death claim following the infant’s death, it must be within two years of their death. 

If you are considering filing a birth injury medical malpractice claim, don’t hesitate to contact our experienced injury lawyers at Hach & Rose, LLP. Our attorneys can help you navigate the stressful process and win compensation for you and your child. Call our office at (212) 779-0057 or reach out online to schedule a free consultation today.

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