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Fault in Birth Injury Cases

Fault in Birth Injury Cases

Tuesday, January 28th, 2014

The birth of a child should be a joyous occasion when parents celebrate the arrival of a new family member. Unfortunately, injury to the child or mother can occur when doctors, nurses, and medical institutions fail to meet a professional standard of health care. If you or your child has suffered an injury during childbirth, Newburgh birth injury attorney Charles N. Rock has the experience and knowledge to pursue compensation from the negligent party.

In order to prove fault in birth injury cases, four criteria must be demonstrated:

  • Your health care providers had a duty to act responsibly in you and your child’s best interests.
  • Your health care providers breached their duty to act responsibly.
  • You or your child suffered physical or emotional damage while in the care of your health care providers.
  • Your health care provider’s breach of duty caused or contributed to the damage suffered by you or your child.

When health care providers act irresponsibly, a child may suffer from Erb’s palsy, oxygen deprivation, cerebral palsy, and other birth injuries caused by medical malpractice.

New York law requires that medical malpractice claims for birth injuries suffered by a newborn be brought within 12 and a half years of birth. So if your child is facing a lifetime of complications, it’s important to seek justice as soon as possible. Please contact birth injury attorney Charles N. Rock at 888-603-3541 today to schedule your free consultation. We proudly serve clients throughout the state of New York, including Newburgh.
Category: Birth Injury
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