While babies who are born prematurely—meaning before 39 to 40 weeks of gestation—can live full and happy lives with proper medical care, they are much more vulnerable to serious physical injuries and illnesses compared to babies carried to term. If this kind of harm occurs solely because a physician or nurse acted recklessly or carelessly while caring for an expecting mother, then that mother and her family may have grounds to demand substantial civil compensation from that negligent party.
However, holding a doctor and/or healthcare facility legally liable for a preterm delivery can be a complex task, especially without guidance from a seasoned birth injury attorney. By retaining an Albany premature delivery injury lawyer, you could improve your chances of securing a positive case result and your family’s financial future.
Proving that Negligence Caused Premature Delivery
A wide variety of factors can increase a pregnant person’s risk of premature delivery, from preexisting infections and illnesses to physical abnormalities, to numerous complications like preeclampsia or placental abruption. Regardless of what risk factors a particular person does or does not have, it is incumbent upon the physicians providing prenatal care to them to be aware of their patient’s condition, account for complications in advance as much as possible, and promptly and accurately identify issues so they can be addressed.
A doctor who fails to connect symptoms like abnormal cramping, uterine contractions occurring less than 10 minutes apart, and vaginal bleeding and/or discharge to a pregnant person entering preterm labor may have failed to meet the standard of care expected of any medical professional with equivalent skills and experience. The same could be said for a physician who fails to correctly treat a complication, prescribes the wrong medication, or does not ensure a prematurely born baby receives appropriate care to minimize their risk of suffering debilitating harm.
An Albany premature birth injury attorney could review a specific set of circumstances during a private consultation and offer guidance about whether litigation might be possible.
What Damages Could Be Recoverable?
A comprehensive malpractice claim built around negligence leading to premature delivery should account for both economic and non-economic losses stemming from the misconduct in question. In the short- and long-term, this could include losses like:
- Medical expenses taken on by an injured pregnant person
- Lost short-term work income
- Physical pain
- Psychological/emotional distress
- Lost consortium
- Lost quality of life
- Lost earning capacity
Importantly, strict filing deadlines apply to cases of premature delivery injury, and individuals injured by medical negligence may have as little as two years after initially sustaining harm to begin any litigation they intend to pursue. Support from a knowledgeable lawyer can be essential to building and filing a strong claim in a timely fashion after malpractice in Albany leads to a premature delivery injury.
Contact an Albany Premature Delivery Injury Attorney for Help in a Malpractice Claim
Premature birth can be extremely dangerous for an infant and their mother if not handled correctly, as far too many families in New York learn every year. Fortunately, if a physician acts negligently in a way that leads to a child being born prematurely, that child’s family may have legal standing to demand compensation from that physician and any other party whose misconduct led to them suffering harm.
A capable Albany premature delivery injury lawyer could go over possible filing options in detail during a private initial meeting. Call our attorney today to schedule yours.