Birth Injuries Lawyer New York – The birth of a child should be a joyful event. However, when a newborn experiences birth trauma, the experience can quickly become frightening and stressful. This is especially true if the birth trauma has potential long-term or lifelong consequences.
The condition can be even more devastating if the birth injury is the result of a medical error that could have been prevented. In these cases, filing a birth injury lawsuit can help achieve a sense of justice. It can also provide compensation for your child’s future needs.
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This guide contains important information about filing a birth injury claim in New York. If you suspect that your child’s birth injuries were caused by medical malpractice, you should contact a New York birth injury attorney immediately. An attorney can evaluate your specific case, explain your options, and determine the best course of action for you and your family.
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Over the past few decades, the rate of birth injuries has decreased. This may be due to improvements in the treatment of pregnancy and childbirth. Doctors can also use cesarean sections in difficult births. However, one study estimated that birth injuries occur approximately 1.9 times per 1,000 live births.
Birth injuries are often an inevitable part of childbirth. However, birth injuries can occur due to medical errors during pregnancy, labor, delivery, or even postpartum.
If a birth injury was caused by a medical professional’s failure to provide proper professional care, a birth injury lawsuit may be filed. Birth injury lawsuits are a type of medical malpractice lawsuit. The defendants are usually health professionals involved in the care of the mother and child.
Whether a medical professional is legally liable for a birth injury depends on whether he or she acted in accordance with the practices generally accepted in the medical community for professionals with similar training and experience. Specialists such as obstetricians are held to a higher standard than GPs. Because such experts usually have more training and specialized knowledge.
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Both sides of a birth injury lawsuit will involve medical experts to determine the appropriate standard of care in the case. Filing a birth injury claim usually requires a medical expert opinion. These experts will testify as to whether they consider the appropriate health care professionals to be appropriate in the circumstances.
However, a medical expert’s opinion alone is not sufficient to establish a standard of care. Instead, the expert must demonstrate that his position is widely accepted by the medical community. An expert can accomplish this by supporting his or her testimony with medical cases, formal studies, or other evidence.
This was stated in Lara v. Listed by the Health and Hospitals Corporation of the City of New York. In this case, the child was diagnosed with cerebral palsy when she was about six months old. A lawsuit was filed on his behalf, alleging that his quick but uneventful delivery could have caused cerebral palsy.
Expert evidence was presented to the court to support this theory. However, the court finally rejected the complaint. At the same time, the court noted that the expert did not confirm his testimony with any medical documentation. In other words, the expert did not demonstrate that his theory was widely accepted or recognized by the medical community.
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For more information on building a birth injury case, including the role of experts, see Chapter 3: Trying a Birth Injury Case in New York.
Birth injuries can be caused by the natural forces of the birth process. However, other injuries are the result of medical errors. Examples of medical errors that can injure the baby and/or mother include failure to do the following:
Note that not all errors support a claim. As noted in the above section, the main question is whether the practitioner acted in accordance with the standards set by the medical community.
Birth injuries come in different forms. Some of them are minor and heal in a few days or weeks. Others are more serious with long-lasting effects. Some examples of common birth injuries are described below. To determine whether an injury may support a lawsuit, you should consult with a New York birth injury attorney.
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Brain damage occurs due to a lack of oxygen in the baby’s brain before, during, or after birth. During labor, medical personnel should use electronic fetal monitoring to assess the baby’s heart rate and check for fetal distress. If a child is fussy, it means that their brain is not getting enough oxygen.
During the test, a medical examiner will check the fetal monitoring strips for signs of fetal distress or lack of oxygen. Medical facilities are generally required to keep these strips for at least seven years.
According to the Centers for Disease Control and Prevention (CDC), if a baby is deprived of oxygen at birth, it can develop cerebral palsy. “Cerebral palsy” is a general term covering a number of disorders of brain function and body movements. Many people with cerebral palsy also have associated conditions such as:
Cerebral palsy is a common childhood movement disorder. About 1 in 345 children in the United States is diagnosed with cerebral palsy.
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Another common birth injury is nerve damage. Such injuries can be caused by excessive force, pulling, or the use of strong instruments during childbirth. This is more likely if the baby’s shoulders get stuck in the mother’s pelvis during birth (known as “shoulder dystocia”). Nerves in a child’s arms, shoulders, neck, and head are especially prone to overstretching or tearing.
For example, Erb’s palsy can be caused by damage to the brachial plexus nerves. The brachial plexus nerves connect the spinal cord to the arms and hands, so symptoms of Erb’s palsy include weakness, loss of sensation, or even paralysis of the arms. This is estimated at 0.9 to 2.6 per 1,000 live births.
During a difficult birth, the child’s bones can also break. Fractures of the clavicle (neck bone) are especially common. According to one study, they may occur in 15 cases per 1,000 live births. Clavicle fractures can also cause nerve damage to the brachial plexus. This can cause Erb’s palsy, as described above.
Another injury is a skull fracture. The baby’s skull is naturally flexible, so it can squeeze through the birth canal. However, doctors can apply excessive pressure with tools such as forceps or a vacuum extractor. This can lead to broken bones, as well as brain or nerve damage.
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Excessive pressure during delivery with forceps, vacuum extractors, or other forces can cause bleeding wounds. These injuries include hematomas (local blood clots) and hemorrhages (internal bleeding). While most of these injuries heal without treatment, others can become serious.
There are many types of birth injuries, including clefts, untreated jaundice, infections, and more. In the worst case, birth injuries can even lead to the death of the baby. The mother can also be affected.
As soon as you suspect a birth injury, you should contact an experienced personal injury attorney. If a medical professional’s error caused your injury, you may be able to seek compensation in court. Your attorney will be able to investigate further and determine the next steps.
Signs of birth injuries vary greatly depending on the type of injury. Some symptoms may appear immediately after birth. Others will take years to create.
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Although each case is unique, below are some common signs that a baby may be suffering from a birth defect. However, these symptoms can also be the result of other conditions unrelated to the disease. It is important to ensure that any symptoms are properly assessed by a doctor. Then, if you suspect medical malpractice, contact a birth injury attorney as soon as possible.
Admission to the intensive care unit or the need for CT, MRI, or tests after birth also indicate possible trauma.
Some birth defects are discovered only much later. In fact, parents often don’t notice any problems until the child misses developmental milestones or their pediatrician indicates that the child has physical and intellectual disabilities.
Below are some possible signs of trauma that may appear later in a child’s life. Many of these symptoms can be caused by damage to the brain or nervous system.
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If you suspect that your baby has a birth defect, you should take the following steps as soon as possible. If you are able to file a lawsuit, these steps will help ensure that you can build the strongest possible case.
Your attorney will be able to contact the appropriate medical experts and guide you through the process. For more information on how to find a birth injury attorney, see in Chapter 2: Finding a New York Birth Injury Attorney.
If you suspect that your child has suffered a birth injury, it is important to consult with an attorney to provide them with your child’s medical records as soon as possible. Waiting too long jeopardizes your ability to build a strong case and receive fair compensation.
Once you hire a lawyer, they will manage the entire legal process for you. This means you can focus on your child with the peace of mind of an experienced and qualified person
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