The injuries that can occur to a mother during delivery could lead to a lifetime of expenses, as well as significant physical and emotional pain. If a negligent doctor is responsible for the injuries you experienced during delivery, you should reach out to an accomplished birth injury attorney as soon as possible. A compassionate Hudson Valley labor and delivery malpractice lawyer could assist you and your family in seeking civil compensation and holding your healthcare provider accountable for their negligence.
Damages in Labor Malpractice Cases
The main purpose of a civil lawsuit is for the plaintiff to receive monetary compensation for all the damages they have endured due to the negligence of the defendant. Compensable damages can cover both financial and non-financial losses or inconveniences. The common types of damages for which a claimant can pursue recovery in a delivery malpractice claim may include:
- Medical expenses
- Scarring or disfigurement
- Lost wages and income
- Loss of consortium
- Loss of enjoyment of life
- Pain and suffering
- Emotional distress
- Loss of a bodily function
A plaintiff also may be entitled to punitive damages if the defendant acted willfully reckless or with a wanton disregard for their welfare and safety. Punitive damages are not meant to compensate the plaintiff but rather to deter and punish the behavior of the defendant.
Is There a Damages Cap for Delivery Malpractice Cases?
It is important to note that in labor and delivery malpractice cases, there is no damage cap. By hiring an experienced Hudson Valley labor and delivery malpractice attorney, a plaintiff could have a better chance of maximizing the amount of compensation they may be able to receive.
Who Are Potential Defendants?
While no two malpractice cases are identical, there are certain defendants a plaintiff may more commonly sue in a delivery malpractice claim. These include but may not be limited to:
- The hospital or birthing center
- Ancillary staff
- Other physicians
- Equipment manufacturers
Depending on the circumstances, each defendant may have a different degree of liability as determined by the judge and jury.
Potential Plaintiff Liability in Labor and Delivery Lawsuits
As per New York Civil Practice Law & Rules §1411, civil courts can hold plaintiffs liable for some or all of their damages. If the jury finds the injured party partially responsible for their damages, the court can reduce their total recovery by their assigned percentage of fault.
To reduce their own liability, a defendant may attempt to convince the court that the plaintiff caused or contributed to their own injuries and damages. However, a seasoned labor and delivery malpractice lawyer could assist a plaintiff in Hudson Valley with refuting these arguments and pursuing appropriate compensation.
Consult With a Hudson Valley Labor and Delivery Malpractice Attorney
If the actions of a medical care provider caused you severe harm while you were giving birth, you could have a valid legal claim. The best way to evaluate the validity of your claim may be to speak to a Hudson Valley labor and delivery malpractice lawyer. Contact an attorney to discuss your legal rights and learn what your case might be worth.