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Birth injuries involve harm to a baby or mother that occurs during pregnancy, delivery or the immediate postpartum period and may result from medical care or negligence. In Avellaneda, as part of Buenos Aires Province, birth injury claims are pursued under national civil liability standards and provincial health regulations. The core framework combines civil liability rules with patient rights provisions that apply in health care settings across Argentina.
In practice, a birth injury case often requires showing fault or negligence by a health professional, along with a causal link to the injury and measurable damages. Legal counsel can help determine whether the situation qualifies for civil remedies, navigate medical record requests, and work with medical experts to assess harm and necessary care. If you are considering pursuing a claim, you should consult a local attorney who understands Avellaneda courts and hospital practices.
The Civil and Commercial Code governs civil liability for acts and omissions that cause damage, including medical negligence in birth care. It establishes fault, causation, and damages as central elements in recovery claims. In Avellaneda and all Argentina, this framework guides how courts assess responsibility for birth injuries.
“The Civil and Commercial Code provides the framework for civil liability, including medical negligence claims arising from birth care.”
Official reference: Ley 26994 - Código Civil y Comercial de la Nación.
This national law protects patient rights in health care, including the right to information, informed consent, and access to medical records. Ley 26.529 influences how birth injury cases are investigated and the evidentiary standards used in court or in mediation. It also supports patient empowerment when seeking redress for harm.
“The Ley de Derechos de los Pacientes establishes patient rights, including information, consent, and participation in health decisions.”
Official reference: Ley 26.529.
Birth injury cases often involve handling sensitive medical records. Ley 25.326 governs personal data protection and access to medical information, clarifying how records may be accessed by your legal counsel with proper authorization. This is essential for building a case in Avellaneda.
Official reference: Ley 25.326.
Birth injury refers to harm to a baby or mother arising during pregnancy, labor, delivery, or shortly after birth due to medical care. Legally, it is often treated as a civil liability matter if fault or negligence caused damages. Courts evaluate fault, causation, and the resulting harm to determine compensation.
Consider hiring a lawyer if there is a credible claim of medical negligence, substantial medical bills, or ongoing care needs. A local attorney can assess evidence, obtain records, and advise on whether to pursue civil remedies or insurance settlements. Early legal consultation improves evidence preservation.
Prescription periods apply and vary by claim type. In many civil liability cases, you should consult promptly to preserve rights, especially because records and expert opinions are time sensitive. A lawyer can confirm the deadline specific to your case.
Medical records are typically held by the hospital or clinic where care was provided. Under Ley 25.326, you may request access with proper authorization. A lawyer can help draft formal requests and ensure records are complete.
Informed consent documents whether the patient agreed to a procedure and understood potential risks. If consent was absent or inadequately obtained, it can support a negligence claim. Documentation often plays a key role in court or settlement discussions.
Many birth injury lawyers offer contingency arrangements, meaning you pay legal fees only if you recover compensation. Confirm fee terms in writing, including costs for experts and court fees, before retaining counsel.
Yes. Argentine law recognizes both individual liability for the professional acts and vicarious liability of the hospital or clinic for employees or agents. An attorney can determine the best path based on who bears responsibility in your case.
Key evidence includes medical records, delivery notes, CTG traces, neonatal assessments, and expert medical opinions linking fault to the injury. Your attorney coordinates with obstetric and neonatal experts to establish causation and damages.
Yes. Many cases are resolved through settlements with hospitals, clinics, or insurers. An experienced lawyer helps negotiate terms that ensure medical needs and future care are covered, and that rights are protected.
Case length depends on complexity, evidence, and court schedules. Some disputes resolve within months, while others require longer civil litigation or mediation. Your attorney can provide a timeline based on similar local cases.
Expert testimony from obstetricians and neonatal specialists is usually essential to establish negligence and causal links. Your lawyer coordinates these opinions to support liability and damages claims.
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Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters.
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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
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