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NYC Bicycle Accident Lawyers

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The birth of your baby is a wonderful and precious time in your life. Complications can add stress and take away from that joy. Birth injuries can happen during pregnancy or delivery, and have varying factors that cause them. In situations such as ones where the harm was avoidable, it is important that your legal rights are fully safeguarded. The facts of cases involving birth injuries to a baby can differ greatly, but the lawyers at Raiser & Kenniff are knowledgeable in these areas of the law and will do everything in their power to take away that unnecessary stress caused by an avoidable birth injury.

Birth Injuries

A baby’s birth injury can occur during pregnancy, labor or delivery. A birth injury can happen through an obstetrician’s improper use of a medical device during delivery or by using an improper medical technique. Various injuries can result from these, such as lack of oxygen to the baby or severe head injuries. No matter what caused the birth injury, the lawyers at Raiser & Kenniff will put full effort into your unique and personal case.

What is the difference between a birth injury and a birth defect?

Birth defects result from harm to a baby that happened before the birth (either during or before the pregnancy).

Birth injuries result from something that went wrong during the delivery itself.

What factors involved in birth injury suggest a lawsuit is needed?

Most successful birth injury lawsuits occur when there is a doctor proven to have failed to adequately assess or respond to conditions and complications during the pregnancy or delivery, or when a woman takes a prescription drug during pregnancy that causes harm to the baby. There are also many other possible factors that could determine the appropriate defendant needed to win the case. Our lawyers can assess your unique situation and take the proper steps.

Will the fact a baby suffers from a birth defect (or injury) automatically result in a successful lawsuit?

Definitely not; some birth injuries can occur without anyone in particular being at fault. The key question that will need answered in court is if medical professionals failed to give you or your baby adequate medical care or medication advice during pregnancy and/or delivery.

In a birth injury lawsuit, how does a jury determine if a doctor’s actions were within the standards of proper medical practices?

A jury will consider testimony by medical experts — usually other physicians who will testify whether they believe your doctor’s actions followed standard medical practices or fell below that. A specialist, like an obstetrician, is generally needed rather than a family doctor.

Who May Be the Defendants in a Birth Injury Case?

A birth injury or medical malpractice claim is not always limited to the conduct of medical doctors, but can also involve nurses, anesthesiologists, health care facilities, pharmaceutical companies, or others that provide healthcare services.

Another possible defendant in a birth injury case includes hospitals. When it comes to birth injury cases, hospitals can be held directly liable for their own negligence, and can also be held liable for the negligence of their employees: physicians and other healthcare providers, such as nurse practitioners, nurses, and physician’s assistants. A hospital may also be held liable under the “corporate negligence” doctrine for negligent supervision or retention, if the staff member’s negligent care was a causal factor in the birth injury.

A pharmaceutical company is another possible defendant in a birth injury case. A pharmaceutical company only owes a duty to ensure that the medication it manufactures will be reasonably safe when used as intended. To ensure a drug’s safety, the manufacturer must research the drug’s possible side effects and risks before putting it on the market. If the pharmaceutical manufacturer fails to warn a physician of a drug’s possible dangers, however, the drug becomes what is known under product liability law as unreasonably dangerous, and the manufacturer may be held liable for the failure to provide the legally required warnings. The physician who prescribed the medication could also be held liable if he/she did not warn the mother of the risks to the unborn child.

There are many healthcare professionals involved in the birth of a child. When a birth injury occurs, our lawyers at Raiser & Kenniff have the expertise and skills to get to the bottom of the case and ensure the right people are held responsible.

Proving Your Birth Injury Case

No matter what details are involved in your case, in order to get compensation for a birth injury you will need to prove that the healthcare professional failed to give you or your baby adequate medical care or medication advice during pregnancy and/or delivery. Typically, to find a healthcare professional legally at fault, it must be shown that his/her conduct fell below a generally accepted standard of medical care. To establish the standard that will be applied to your case, your lawyer will most likely consult with and present the evidence based on medical experts or other forms of professional proof that is trusted in the court. In medical malpractice type cases, causation is sometimes a challenge to establish. Specifically, the lawyer must show that your health care provider’s deviation from the applicable standard of care was directly in relation to the birth injury. This is challenging because sometimes the healthcare professional’s deviation from the standard of care may not have caused the plaintiff’s eventual injury, and vice versa.

The two main types of birth injury lawsuits are as follows:

1. Caregiver’s Malpractice – If you bring a lawsuit against a healthcare professional for birth injuries to your child, it will be your lawyer’s responsibility to show that the defendant (which can be a nurse, doctor, hospital, pharmacy, etc.) owed a legal duty of care to your baby (and to you in some cases); defendant failed to perform the legal duty for appropriate medical care by acting, or failing to act, in a manner in which is expected under the circumstances; defendant’s breach of the legal duty for appropriate medical care resulted in harm to you and/or your baby.

2. Mother’s Use Of a Prescribed Drug – Your claim for birth injury may be based not on complications during delivery, but on the mother’s use of a prescribed drug or medication during pregnancy. These claims are usually against physicians, pharmacists, pharmacies, or manufacturers, and usually happen when the defendant failed to warn the mother of the risk of taking the drug during pregnancy, which resulted in a birth defect or injury.

Getting Legal Help in a Birth Injury Case

The damages that can be claimed may include compensation for medical expenses, pain and suffering, and loss of future earning capacity. When a child is born with a birth defect, the parent may also bring a medical malpractice action against the obstetrician and/or the hospital at which the delivery occurred. The parent also may be able to make a case to compensate for his/her own emotional distress that resulted from the baby’s birth injury.

Dealing with a birth injury can be stressful and it’s difficult to know what to do in the long legal process. At Raiser & Kenniff, we are sympathetic to your concerns and your mind can be at ease knowing you will be well-informed of your legal options. If a birth injury is due to the fault of a healthcare professional, a case should be started right away.

Why You Should Choose Us For Your Birth Injury Case

Medical malpractice involving avoidable birth injuries should be evaluated for a potential legal claim. Due to the intricacy of the facts and legal issues involved, having an experienced lawyer at Raiser & Kenniff review your case as soon as possible is the best way to ensure the likelihood of your claim’s success. There may also be upcoming deadlines that require immediate attention, thus having us immediately evaluate your case is highly important.

When a healthcare professional commits medical malpractice that results in birth injury, our lawyers at Raiser & Kenniff will investigate, identify the responsible parties, and take action so they can be held accountable for their negligence. We are experienced lawyers that have a proven track record in winning against big-name companies. Successful New York birth injury lawsuits filed by Raiser & Kenniff, PC, can award the injured victim with the right and deserving compensation.

To find out if you can hold another party accountable for birth injuries, fill out our free consultation form or call us to speak with our birth injury lawyers in New York. We have nationally recognized legal commentators and combined 30 years experience!

Securing Your Rights after a Bicycle Accident
Over 700 Americans are killed in bicycle accidents, typically involving collisions with motor vehicles, according to the U.S. Centers for Disease Control and Prevention. In addition, thousands of bicyclists are injured in accidents involving automobiles, oftentimes seriously so.

If you have been involved in a bicycle accident, you need to know what steps you must take to protect your rights and interests. You need to understand the strategies that you need to employ to best ensure that you obtain appropriate financial compensation for your injuries.

Compensation for Bicycle Accident Injuries

The reality is that injuries sustained by a bicycle rider involved in an accident with a car typically are serious. The injuries associated with a bicycle accident can have an enduring impact on a person’s life.

The type of injuries for which a person can seek financial recovery vary from one case to another. Nonetheless, there are some types of injuries, damages and losses arising from a bicycle accident that typically result in compensation for an injured biker. These include:\\

  • medical expenses
  • pain and suffering
  • mental anguish
  • permanent disability
  • lost wages
  • property damage

In most bicycle accident cases an injured bike rider requires what amounts to extensive medical care and treatment. Medical treatment, including physical and occupational therapy, can carry forth into the future for an indefinite period of time. For this reason, compensation in a bicycle accident case needs to include financial recovery for ongoing medical care and treatment.

On a related note, the pain usually associated with bicycle accident injuries can be profound and enduring. There are instances in which pain associated with a bicycle accident is chronic and even persists for the remainder of a person’s life. This represents another area in which an injured biker can be entitled to compensation for future losses that reasonably can be anticipated.

An injured biker may not be able to return to work for an extended period of time. Indeed, there are innumerable examples each year of biked riders injured in accidents with automobiles who are never able to return to the jobs they held before the incident. This represents yet another type of loss for which compensation can be pursued in a bicycle accident case.

Bicycle Accident Wrongful Death Case

If you have lost a family member because of a bicycle accident involving the negligent driver of a motor vehicle, you may be able to pursue what is known as a wrongful death claim or wrongful death lawsuit. State law permits certain family members the ability to pursue or benefit from a wrongful death claim or lawsuit.

Examples of family members that can benefit from a wrongful death lawsuit include:

  • spouse
  • child
  • parent
  • sibling

The nature and extent of damages in a wrongful death case depend upon two primary factors. These are the circumstances surrounding an accident as well as the relationship between a surviving family member and a deceased loved one. Common types of compensation in a wrongful death bicycle accident case include:

  • loss of companionship
  • loss of consortium
  • lost support or income
  • mental anguish
  • last medical bills and expenses
  • funeral and burial costs

Retain a Bicycle Accident Attorney

A key element of protecting your legal rights and interests following a bicycle accident is retaining a bike accident lawyer. The first step in the process of hiring a bicycle accident lawyer is scheduling an initial consultation with legal counsel.

An initial consultation provides a bicycle accident attorney the opportunity to evaluate your case. In addition, you are able to raise any questions that you may have during this preliminary appointment with legal counsel. As a general rule, a bicycle accident will not charge you a fee for an initial consultation to discuss your case.

Bicycle Accident Attorney Fees

There are three common types of attorney fee arrangements: hourly, flat fee, and contingency. In the vast majority of bicycle accident cases, a personal injury lawyer utilized a contingency fee arrangement.

Pursuant to a contingency fee agreement, you pay no fee to a bicycle accident lawyer until he or she obtains a settlement of judgment in your favor. Before representation commences, you and an attorney reach a specific agreement regarding the amount that will be paid in attorney fees upon the successful completion of your case. The fee will be a reasonable percentage of a settlement or judgment in a case.

In the vast majority of cases, an injured bike rider obtains more in compensation if represented by a bicycle accident attorney, according to the American Bar Association. This is the case, even when attorney fees are taken into consideration.

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