(845) 802-0047For most people, having a baby is a joyous occasion. Unfortunately, for some, that moment can go wrong. Fetal distress occurs when the baby does not get enough oxygen during pregnancy and childbirth. The resulting injuries may cause catastrophic financial and physical injuries like cerebral palsy, neurological problems, and even death.
Hiring an experienced Troy fetal distress lawyer who will fight for the patient’s rights and compensation for the patient’s injuries. The attorneys from our firm understand the devastating impact of birth injuries on families and are committed to pursuing justice.
What Your Troy Fetal Distress Attorney Could Do
Fetal distress is a form of medical malpractice by either a medical provider or a hospital. Medical malpractice is based on the legal theory of negligence. To succeed in its efforts to obtain fair compensation on a theory of medical malpractice, your Troy fetal distress attorney could establish the following:
- A doctor/patient relationship existed between the offending doctor and the injured patient
- The doctor owed a duty of care standard toward the injured person and breached that duty of care
- The doctor’s breach of the duty of care owed to the patient resulted in injuries
- The breach and injuries resulted in actual damages
Prosecuting a successful fetal distress malpractice case requires your attorney to investigate the circumstances. A legal professional could interview witnesses, review medical records and medical expenses, and preserve evidence needed for the court case.
An experienced attorney has the plan and the resources for what is required to plead your case. The emotional toll from a fetal distress malpractice case requires you to do what is best for your family. Let a lawyer handle the legal strategies so you can heal emotionally.
Compensation Available for Fetal Distress Medical Malpractice
Compensation may be available to compensate the family for the patient’s injuries. Your medical malpractice lawyer could present evidence of medical bills, pain and suffering, lost wages, and loss of future earnings.
The defendant will try to argue that he owed no duty of care to the injured person or provided the duty of care the law requires. In addition, procedural hurdles exist that must fall in your favor: the statute of limitations and comparative negligence.
Statute of Limitations
New York State law requires that medical malpractice cases be brought within two and a half years after the treatment or discovery of the injury. In the case of a minor child, the statute of limitations starts once the child reaches age 18, except the limitation cannot extend more than ten years after the malpractice occurred. Plaintiffs who miss the statute of limitations filing deadline lose the right to sue the healthcare provider. Exceptions for a healthcare provider that moved out of state may apply.
Comparative Negligence
New York applies a pure comparative negligence standard. This means that each party to the lawsuit must prove their percentage of fault in the harm. Unlike other states, New York allows a plaintiff to obtain a portion of recovery from the defendants even if their fault exceeds 50 percent.
A fetal distress attorney in Troy could help families navigate legal complexities and pursue justice and compensation for childbirth injuries caused by medical negligence.
Hire a Troy Fetal Distress Malpractice Attorney Today
If you have experienced a birth injury, call the New York Injury & Malpractice Law Firm today for a free consultation. An experienced Troy fetal distress lawyer could review the personal circumstances of your case and guide you toward the best solution.
There’s no time to waste, as the statute of limitations may limit your ability to sue. Contact us today and schedule a consultation.