Birth Injury / Birth Defect
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Birth Injury

New York Medical Malpractice Attorney

Medical malpractice attorneys evaluate the standard of care given to a patient to determine if there was medical negligence. A medical malpractice attorney also determines if there was failure to use adequate levels of care that could have caused harm to the patient.

Medical malpractice is a form of negligence involving the failure of a medical professional (i.e. doctor, medical technician, nurse, hospital, dentist or health care provider) to use adequate levels of care skill or diligence in performing his or her professional duties, that would cause an injury. The determination of whether a medical professional met his or her duty of care is based upon the standard of care for the professional in their community. In the case of a doctor who is a specialist the standard of care is determined by the standard of good medical practice in that specialty within his or her area.

If your child was injured due to medical malpractice, contact a New York Medical Malpractice Attorney at Kleinick Law today!

It is important to remember that the duty of a medical professional is not to cure or even to guarantee a positive outcome from treatment. Medical malpractice does not occur every time a medical treatment is not successful. Their duty is to provide adequate medical care according to the accepted standards in their community or in the case of a specialist the accepted standards in that particular medical specialty. Medical practice has never been an exact science, doctors are not required to be right every time they make a diagnoses. A miss diagnosis can happen even when all proper tests are preformed accurately or evaluated by a skilled doctor with care. A miss diagnosis becomes malpractice if the doctor fails to get a medical history, order the appropriate tests, or recognize observable symptoms of illness.

Keith Kleinick can give you more information about Structured Settlements if you are currently receiving compensation for a medical malpractice case.

Birth Injury Resulting from Medical Malpractice

Most medical malpractice cases involving birth injury arise out of one or more of the following:

  • Failure to timely identify fetal distress;
  • Delayed Caesarean Section;
  • Failure to deliver the child safely with forceps or vacuum extraction;
  • Failure to recognize an abruption of the placenta or uterine rupture prior to delivery;
  • Failure to test and treat for Group B strep before delivery.

Other Common Medical Malpractice

Breast Cancer

Delayed diagnosis of breast cancer can result when a physician fails to order base line and periodic screening mammograms or radiologist misinterpret a mammogram as normal. Also if the treating physicians fail to perform necessary follow up tests after abnormal mammograms. With repeat mammograms ultrasound or biopsies of a suspicious area to diagnose early breast cancer.

Colon Cancer

Delays in diagnosing colon cancer can result when doctors fail to perform occult fecal blood testing or order diagnostic screening tests for colon cancer such as, colonoscopy and barium enema, and when specialist also fail to properly perform or interpret the tests that are run.

Cerebral Palsy

This term describes a group of disorders that affect movement control. There is no one specific cause for Cerebral Palsy, however, it can be caused by injury to the brain before, during or after birth. Cerebral Palsy is sometimes caused by lack of oxygen to the brain during birth and injuries.

If your child was injured due to negligent medical staff, contact an experienced New York Medical Malpractice Attorney at Kleinick Law and fill out a free case evaluation form today. Your initial consultation is FREE! "If we don't win, you don't pay!"


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Brief Case Description:
New York Birth - Kleinick Law
Medical malpractice lawyers in New York specializing in medical malpractice cases involving birth injuries and birth defects.Practicing throughout New York City (NYC), Brooklyn, Bronx, Queens, Staten Island, Manhattan and the surrounding areas.

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