Labor and delivery are long-awaited events for many families, and most anticipate that the end result will be a healthy mom and baby. However, in some cases, a more injurious outcome occurs due to the negligence of the physician or other medical staff attending to mother and child.
While this kind of situation is unquestionably tragic, there is help available in the form of a dedicated medical malpractice attorney. Hiring an experienced Albany labor and delivery malpractice lawyer after such an injury occurs could be the best way for you to effectively seek justice and pursue compensation.
Physician Labor and Delivery Negligence
Doctors who work in labor and delivery of children are trained and experienced in making correct decisions when it comes to the care of pregnant moms and newborn babies. As such, they are expected to treat their patients in accordance with the current standard of care in their industry. Failing to do so could constitute an act of negligence, no matter the specific reason for the failure.
If they act carelessly or recklessly, labor and delivery doctors can cause serious injuries and damages for both moms and babies. If an Albany labor and delivery malpractice attorney can prove to a court that the injuries and damages incurred are a direct result of a doctor’s negligence, that doctor could be liable for compensating the plaintiff for their damages.
Recovering Damages for Labor and Delivery Malpractice
Many states have enacted damage caps or limits to how much a plaintiff in a civil case could collect in damages as a part of tort reform. However, New York is one of only 15 plaintiff-friendly states that enforces no caps on damages in medical malpractice cases, including those pertaining to labor and delivery.
Does a Trial Need to Occur to Win Damages?
Taking a case to trial has the potential to be a long, drawn-out, and emotional process for the plaintiff. However, a labor and delivery malpractice lawyer in Albany may be able to help negotiate a fair settlement if the plaintiff would like to avoid going to trial. In fact, most payouts in malpractice cases come from settlements instead of jury verdicts, according to the American Medical Association.
How Can a Settlement be Beneficial?
Defendants, their insurance companies, and attorneys often prefer settlements over risky trials. Once a settlement agreement is reached, the legal process is halted, and the plaintiff would typically sign a document agreeing not to sue the doctor for the same claim again. That being said, if the settlement process does not result in a satisfactory outcome, taking a case to trial may be warranted.
Reach Out to an Albany Labor and Delivery Malpractice Attorney
After suffering an injury at the hands of a negligent labor and delivery doctor, you may struggle to find hope, wonder how you can pay your bills, or worry what kind of life your newborn may face. By reaching out to a skilled and compassionate Albany labor and delivery malpractice lawyer, you could receive a case evaluation, answers to your questions, and a clear direction in which to move forward.
You do not have to fight malpractice alone, and your civil case may be more successful with an attorney on your side. Call today to schedule an initial consultation.