(845) 802-0047When obstetricians, nurses, or midwives fail to provide you with the expected standard of care during labor and delivery and cause you harm, you may have grounds for a lawsuit. As a tenacious birth injury attorney could explain, malpractice includes physician negligence that causes the mother or baby to sustain bodily injuries.
While personal injury laws, also called tort laws, protect you when malpractice occurs, the procedures are often challenging and require skillful navigation of the process to establish fault successfully. Meeting with a Kingston labor and delivery malpractice lawyer who is experienced in handling these matters could help to ensure your claim is successful.
Steps to Establishing Liability in Malpractice Lawsuits
Medical malpractice legal actions are highly complex and require skilled navigation of the relevant procedures. Some examples of the steps needed to establish liability include:
- Conducting an exhaustive investigation to gather the essential evidence
- Interviewing witnesses and additional experts to obtain statements for evidence
- Proceeding to trial when there is no agreement and litigating the case effectively
- Thoroughly reviewing the patient’s medical records to establish the total cost of damages
- Consulting with medical experts practicing the field to obtain a “Certificate of Merit” needed to proceed with the suit
Fortunately, a Kingston labor and delivery malpractice attorney has the experience to take the burden off the patient and ensure compliance with state rules and regulations.
Medical Professional Lawsuits Require Prompt Action
Prompt legal action is essential for various reasons, including evidence availability, and the state also limits the time injured patients have to pursue legal action. Under the guidelines of the New York Civil Practice and Rules § 214-a, a labor and delivery malpractice lawyer in Kingston must complete the necessary requirements, including obtaining the “Certificate of Merit,” and file the suit within two years and six months of the date the injuries occurred.
The complexities of pursuing an award for damages from a healthcare provider require quick action and expertise in the personal injury statutes and the medical field. A proactive lawyer could handle the filings in compliance with the law for a labor and delivery malpractice case.
Contact a Kingston Attorney About Your Labor and Delivery Malpractice Case Today
All doctors and certified healthcare professionals must provide each patient with the legal standard of professional treatment and medical care, regardless of the circumstances. When they fail to give you the same level of care another physician in the field would have provided, you have every right to pursue compensation to cover your monetary damages and losses.
A Kingston labor and delivery malpractice lawyer understands that errors can devastate you and your entire family. You do not have to face this challenging and overwhelming time alone. Contact a well-versed lawyer today to schedule an appointment and learn more about how we could protect your rights.