Albany Obstetrical Malpractice and Birth Injury Lawyers
Doctors and other health care providers working in obstetrics have two patients that they must consider at all times: the mother and the fetus. In a case of obstetrical malpractice resulting in prenatal or birth injuries, the mother and the child may each be directly injured and each is owed a duty separate and independent of the other.
Parents (or guardians) of infants injured by medical negligence before, during or after birth can bring an obstetrical malpractice lawsuit on the child's behalf if the child is born alive. If the child died after birth because of malpractice, a wrongful death claim can be brought.
Mothers who suffer injury before, during or after labor and delivery because of obstetrical malpractice can seek compensation for injuries that are different from those normally encountered during the birthing process. A mother can also seek compensation for emotional injuries.
If you suspect that medical negligence was responsible for injuries suffered by a mother or child in your family, contact Powers & Santola, LLP, or call 866.689.9692 to schedule a free consultation in our Albany or Syracuse office.
The medical malpractice attorneys at Powers & Santola, LLP, handle obstetrical negligence cases against doctors and midwives, hospitals, and clinics in New York State. Our results speak for themselves: we have achieved millions of dollars in verdicts and settlements.
We handle a wide range of obstetrical malpractice cases involving injury to mother or child when live births result in birth injuries. We also handle more complex claims involving still births and wrongful conception/wrongful birth.
Live Births: Among the more common birth injury cases we handle are claims regarding cerebral palsy caused by hypoxia (lack of oxygen to the brain), shoulder dystocia, paralysis, damage to the brachial plexus (otherwise known as Erb's palsy) and injuries to the mother due to uterine rupture and excessive bleeding in VBAC situations
Still Births: No malpractice or wrongful death case can be brought on behalf of a fetus if a pregnancy results in a miscarriage or stillbirth. New York does allow mothers to seek compensation for emotional distress if they suffer a miscarriage or stillbirth of a child due to medical malpractice. However, if the infant is born alive, and dies shortly thereafter, the mother has no claim for emotional harm unless she also suffered physical injuries.
Wrongful Conception/Wrongful Birth: A child has no recognized legal right to claim damages for having been born. If surgical sterilization or a birth control procedure failed due to malpractice, or a medical provider failed to diagnose a pregnancy within the time limits permitted to terminate a pregnancy, parents cannot bring a legal claim for the cost of rearing a healthy child. If the child was born with abnormalities, however, parents may be able to seek compensation for extraordinary cost, over and above the normal cost of raising a child.
Contact Us
Talk to an experienced upstate New York medical malpractice and birth injury lawyer. Contact Powers & Santola, LLP, online or call us toll-free at 866-689-9692 to schedule a free initial consultation at our Albany or Syracuse law office in upstate New York.
