It can be hard to determine if injuries sustained by a mother or their infant during labor and delivery were avoidable, and it can be equally difficult to determine a liable party. Families impacted by a birth injury could hire an experienced Poughkeepsie labor and delivery malpractice lawyer to help them learn what their legal rights are in a medical malpractice case.

If yours or your newborn’s injury arose from the medical negligence of a care provider you trusted, you may be determined to get justice. By hiring a skilled birth injury lawyer, you could hold the negligent medical professional accountable for their actions.

Poughkeepsie Attorneys Must File Proof of Legal Merit Certificate

Under New York Civil Practice & Law Rules §3012-a, the plaintiff’s Poughkeepsie labor and delivery malpractice attorney must file a certificate of merit with the initial complaint filing. If the statute of limitations expires soon, the law might grant the attorney an additional 90 days to file the certificate of merit after the case filing.

The certificate of merit requirement is a part of tort reform to ensure that only valid lawsuits are litigated in court. With the certificate of merit, the attorney is attesting to one of the following:

  • They consulted with a licensed medical practitioner who concurs that there is a valid legal claim based on medical negligence
  • They made three separate good faith attempts to meet with different licensed medical professionals but were unable to obtain a consultation

Examples of Labor and Delivery Malpractice

In labor and delivery, doctors and nurses must be ready to act on a moment’s notice, as the condition of the mother and fetus can drastically and quickly change. These licensed professionals owe a duty of care to the patients they serve. Their duty of care is to prudently treat patients in the same way that other medical professionals of similar training and experience would in the same situation.

If these professionals breach their duty, they place their patients at risk for:

  • Birth injuries to the fetus that could impact the baby for its lifetime
  • Injuries to the mother such as hemorrhaging, loss of fertility, and blood clots
  • Fetal or maternal death

To successfully represent the victim, a labor and delivery malpractice lawyer in Poughkeepsie must show how the medical practitioners’ negligence led to the injury of the mom or baby. The victim’s injuries must have led to compensable damages such as medical bills, lost wages, scarring or disfigurement, and pain and suffering.

Compassionate Help from a Poughkeepsie Labor and Delivery Malpractice Attorney

After a birth injury, you need the compassionate help of a Poughkeepsie labor and delivery malpractice lawyer. You need an attorney who understands how your or your infant’s injuries could impact the rest of your life.

Your attorney could assist you in determining the liable parties for your injuries, and how much compensation you may be entitled to under New York laws. Call today to schedule your consultation with a lawyer who could tirelessly fight for you.

Poughkeepsie Birth Injury Lawyer