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Birth Injury Lawyer

Your Ultimate Guide to Maternal Mortality and NYC Medical Malpractice Law

Medical mistreatment is something that no patient wishes to be subject to during a health emergency. Patients demand top-quality care with federal and state legal requirements. They must not suffer because of a careless or irresponsible health worker. Unfortunately, throughout the years following catastrophic injuries or deaths of family members, hundreds of people came to seek legal assistance from irresponsible physicians. If this sounds like your case today, don’t hesitate to see a skilled medical malpractice lawyer in NYC. Fill out the inquiry form at, and our law firm will take care of the rest.

Every year, medical providers make thousands of catastrophic mistakes that might lead to severe injury or death. These errors are not disclosed since there is no law forcing doctors to confess the mistakes openly. As far as medical malpractice lawsuits are concerned, obstetrics and gynecology physicians account for 11% of cases filed against physicians every year. These doctors treat women during their pregnancy. The growing maternal death rate in the US has put doctors, nurses, and hospitals under scrutiny, notably relative to other countries.

According to a March 2021 study, the maternal mortality ratio in the United States was up more than 15% in the lead-up to the COVID-19 pandemic. The epidemic is thought to have deteriorated pregnant ladies in the U.S.

What is Maternal Malpractice?

In a workplace and delivery room, negligence can take various forms. Common examples of work and abuse include:

  • Mother and infant failure to adequately monitor
  • Inability to perform a cesarean section that is medically essential (c-section)
  • Inadequate usage during delivery of vacuum or forceps
  • Failure to summon a professional if the patient or the fetus demands
  • Misdiagnosis of problems of birth
  • Unknown fetal distress
  • Failure to detect infections after delivery
  • Failure to give drugs
  • Too much drug administered

Maternal Death in New York City Due to Negligence:

It is difficult to imagine, but medical errors are the third most significant cause of mortality in the U.S. Many O.B./GYNs, midwives, nurses, aestheticians, etc., are involved in mother and infant care in the delivery setting. If one of them commits a mistake, makes a mistaken judgment, or does not act, the outcome may be disastrous. Examples of carelessness include but are not confined to:

  • Failure to correctly monitor the status of a woman before, during, and after pregnancy
  • Failure to identify or detect pregnancy or birth problems
  • Failed to see maternal discomfort warning signals
  • Inability to control or identify fetal discomfort
  • Failure to detect or recognize high-risk pregnancy symptoms that lead to defective prenatal care
  • Inadequate or insufficient care in the postpartum
  • Use childbirth delivery instruments appropriately during the birth procedure
  • Ignoring postpartum concerns from a mother
  • Mistakes occurred during anesthetic delivery
  • Errors committed with the use of labor-inducing medicines

Any of these or other mistakes might lead to a terrible result for a woman and her family. Birth injuries, such as brain damage or brain paralysis, can affect the infant in some circumstances. Both are forms of medical malpractice, and if they believe their healthcare providers are in breach of the norm, they should seek legal counsel.

How Long Must I Pursue a Medical Malpractice Proceeding after Childbirth?

It is terrible to experience the loss of a loved one during what should be a joyous occasion. NYC Injury Attorneys are aware of the anguish you feel while dealing with your loss, especially when facts imply that death is preventable. It is urgent from a legal point of view in the New York state in wrongful death cases. New York sets severe two-year restriction legislation to bring false death proceedings against a medical practitioner. If you report after that date, your compensation claim is forfeited.

You probably won’t, and shouldn’t, worry about the future at this moment. A skilled and educated personal injury lawyer can process this information for you. As you complain and attempt to get through every day, the attorneys at the law office in Jacob Fuchsberg can ensure that you and your family are protected.

Medical Malpractice Reporting in New York:

In New York, the Professional Medical Conduct Office (OPMC) and the Professional Medical Conduct Board handle and conduct investigations against health care providers, including medical practitioners and their assistants, and medical residents.

To make a complaint against a healthcare provider, please send the New York State Department of Health a letter and complete the complaint form. The Office of Professional Discipline is responsible for complaints against nurses, dentists, and non-physician personnel. Here are a few things in your complaint that you may wish to consider:

  • Denial of race, color or creed treatment or medical service
  • Medically unnecessary tests are ordered
  • Rejection of medical records on request
  • Patient harassment or intimidation

It is also essential to seek the services of an NYC Medical Mispractices Lawyer in pursuit of a medical mispractice lawsuit. An attorney can make you know your rights and obligations under New York Law and can successfully safeguard your right to fair reimbursement, especially in the negotiations with the insurance company of a health care provider.

Compensation for families who lost one loved during childbirth:

If a mother’s life has been lost during or during pregnancy, her spouse, parents, or children may be compensated through a wrongful death action under New York Law. State law permits a wrongful death action for wrongful conduct, negligence, or default that resulted in a mother’s death to be brought with another person.

The State of New York permits a mother’s estate representative in the name of its surviving beneficiaries to file, which must be performed before the two-year limitation period ends. The representative of the estate can demand financial compensation for:

  • Medical expenditures before the death of the mother
  • Cost of funeral and burial
  • The lost earnings and income of Mother
  • Lost benefits due to work
  • Any loss of heritage experienced by the relatives

New York State law generally does not cause monetary harm to discomfort and pain. Still, financial compensation might be awarded for the mother’s agony and suffering before her death.

How can NYC Injury Attorneys P.C. help?

Tackling a significant loss in your life is a difficult moment, significantly if the medical specialists you trusted helped her to die. Malpractices during delivery can have implications for a woman and her infant throughout life. Experienced New York lawyers understand the agony and suffering that might lead to difficulty in labor and delivery. We can assist hold the responsible person liable for your injury.

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