In the months preceding childbirth, you and your partner likely have many hopes and dreams for your child that you cannot wait to see come true. However, all these plans could change in a heartbeat if a medical professional makes a mistake and causes a birth injury. If your baby has suffered a birth injury, it may be beneficial to consult with a Poughkeepsie birth injury lawyer to determine your legal options and rights.

Birth injuries may drastically change the course of life for both a child and their parents, as well as siblings and extended family members. Filing for compensation could assist with lifting a financial burden brought on by the negligent actions of a physician or medical staff member. Consider the benefits of working with a dedicated injury attorney who could fight tirelessly on behalf of your family’s welfare.

Birth Injury Causes

A variety of factors and situations may lead to a birth injury. Some of them could occur despite how skilled and conscientious the medical staff is during the birth, but others may be preventable. When a medical professional fails to observe and act quickly on certain clinical signs and symptoms, a preventable birth injury may occur.

Many birth injuries are caused by a lack of oxygenated blood in the baby’s brain near the time of delivery. This could lead to a serious condition called hypoxic-ischemic encephalopathy (HIE). Other common causes of birth injuries may include brain bleeds, excess fluid on the brain, infections, increased bilirubin, traumatic deliveries that place excessive force on the fetus, and premature delivery. Someone who has an infant or child that suffered such an injury may substantially benefit from reaching out to a Poughkeepsie birth injury lawyer.

The Importance of a Certificate of Merit

When any type of medical malpractice civil suit is filed in New York, including a birth injury claim, the plaintiff typically must file a written certificate of merit. This certificate is generally required to be filed with the claim, or within 90 days of filing if the statute of limitations passes prior to the ability to obtain such a certificate.

More about the certificate of merit requirements could be found in New York Civil Practice Law & Rules §3012-A. Generally speaking, the certificate must state either of the following:

  • The plaintiff’s Poughkeepsie birth injury lawyer has reviewed the facts of the claim with at least one licensed physician and, through this consultation, determined that there was a founded medical reason for a birth injury lawyer
  • The attorney is not able to comply with the aforementioned requirement, although they have made three individual attempts to consult with three different physicians

Speak with a Poughkeepsie Birth Injury Attorney

A birth injury may be traumatic both physically and emotionally, leaving permanent visible and invisible wounds. To make matters worse, these wounds often come with high medical and care expenses that could impact finances far into the future. Planning for life after a birth injury could be overwhelming and full of uncertainty. By hiring a well-versed Poughkeepsie birth injury lawyer, you could begin pursuing fair compensation.

While no amount of compensation may change what has already happened, a fair award or settlement could provide for your child and help them prepare for the future challenges of life. Call to schedule an appointment today and begin discussing the legal steps of moving forward with a negligence claim.

Poughkeepsie Birth Injury Lawyer