In New York, who is at fault for a birth injury?

Every parent hopes that their child will be born happy and healthy. Unfortunately, when mistakes are made in the delivery room or a member of the hospital staff misses a warning sign, children and mothers can suffer serious injuries that can require everything from extensive medical treatment to long-term care.

When a child or mother suffers a birth injury, the first question often asked is: who is at fault for the injury? In order to answer this question, one must look at the facts of the case and ask: 

1. Was the hospital staff monitoring the situation closely and paying attention to all warning signs?
2. Was on-site staff trained to handle the particular situation or did they have insufficient knowledge?
3. Did the doctor use unnecessary force to deliver the child?
4. Did the doctor use the right tools to safely deliver the child?
5. Were hospital procedures up-to-date and followed correctly?

If the answer to any of these questions is no, then the argument can be made that the staff was negligent in their duties and is therefore at fault for the mother or child's injuries. In such a case, a victim would have the right to seek legal representation and file a medical malpractice lawsuit in order to seek compensatory -- and possibly even punitive -- damages.

It's important to know that even though situations involving birth injuries should lead to fair and adequate compensation for victims and their families, winning such a case requires extensive knowledge of the law and an understanding of how such cases are handled by the courts. In most cases, victims turn to an attorney for guidance, particularly one with considerable experience handling medical malpractice claims.