How a Skilled New York Birth Injury Attorney Proves Fault in a Case

Cerebral palsy is a lifelong disease that hinders the sufferer from living a full, normal life. The term cerebral palsy itself describes what the condition is all about: cerebral points to the adversely affected part of the brain which leads to palsy, denoting either complete or partial muscle paralysis.

A normal life is what this disease has taken away from 6-year old Maverick Ramseyer, and his parents believe that the doctors who tended to the boy’s birth should be held responsible. Saerom Yoo of the Statesman Journal writes:

His parents say that he developed normally during pregnancy and claim that it wasn’t until the birth process that Maverick became injured through medical negligence and malpractice of doctors at Silverton Hospital.

 

In the lawsuit they have filed in Marion County Circuit Court, they list three doctors, two clinics and the hospital as defendants, who are being represented by four lawyers. They’re seeking a total of $40 million in economic and noneconomic damages.

Lawsuit Over Birth Injury-Misfortune or Malpractice

Cerebral palsy’s hardships vary depending on the severity. On a general standpoint, however, patients with milder cases report feelings of continuous pain, likening it to the feeling of having boa constrictors squeezing the bones to dust; worse, the patient has to endure this for a lifetime. Cerebral palsy can be caused by neglect, either intentionally or unintentionally— and that’s why an esteemed New York birth injury attorney fights.

Still, how is fault proven in such a case? For one, doctors aren’t robots and they can make mistakes while delivering a child—i.e. improper administration of a drug, failure to actively monitor vital statistics, or failure to respond appropriately to situations. This is what the plaintiff (filer of the lawsuit) must prove, aside from the fact that the doctor has established a valid physician-patient relationship and that there’s a duty of care owed. The plaintiff also has to prove that the doctor rendered a standard of care that is sub-par from what is legally required.

This is where experienced New York birth injury attorneys from firms such as the Law Offices of Joseph Lichtenstein step in. Their job is to further validate their client’s claim by consulting additional sources (i.e. other medical experts) who can explain the difference between the accepted standard of care and the one the victim received. Afterwards, the jury weighs in the evidence and makes the decision.

The Ramseyers still have to wait, but they hope to be at the positive end of the fight. After all, they know that they didn’t do anything wrong until that fateful day—whose consequences little Maverick would bear for the rest of his life.

(Source: Lawsuit Over Birth Injury: Misfortune or Malpractice? Statesman Journal, July 8, 2014)