Birth Injury
Choosing A Qualified New York Birth Injury Attorney
Birth injury, or birth trauma, may occur during or after the delivery of a child. About two million birth injuries occur each year in the United States. Some of these injuries resolve quickly and are easily treatable, such as jaundice and minor bruising.
Some birth injuries are more serious, can be life-altering, and may result in developmental delays, neurological injuries or death. If your child has suffered a birth injury, please contact one of our New York birth injury and malpractice attorneys today.
Frequently Asked Questons?
Delivering a baby is an extremely delicate process, and complications can result from any number of factors, such as:
- Baby’s size and weight. Challenges are more common in babies weighing more than eight pounds, 13 ounces, or delivered at less than 37 weeks.
- Baby’s position. Babies delivered in a “breech” position — where the legs and buttocks are presented first — are more likely to result in birth injury.
- Prolonged and Difficult Labor. Medically called “dystocia.”
- The Mother’s Pelvis. Cephalopelvic disproportion is a condition in which the size or shape of the mother’s pelvis is not adequate for vaginal birth. Oftentimes these factors can be identified before the child is born, during a thorough course of prenatal care. For example, a sonogram can reveal birth weight, pelvic size/shape, and the position of the baby. If a physician failed to identify these issues during pregnancy, and the result was a serious birth injury, he or she could be liable.
Other mistakes can be made in the delivery room, as well, that cause birth trauma. Some of these include:
- Excessive or improper use of force, and/or misuse of forceps or vacuum extractor during delivery
- Failure of a midwife to seek assistance of a physician
- Failure to respond to fetal distress, and/or delay in performing a cesarean section when necessary
- Failure to respond to umbilical cord entrapment
- Failure to properly intubate (insert a tube) a newborn requiring oxygen.
Below is a list of birth injuries that can lead to long-term side effects and life-changing medical issues, such as nerve and brain damage, and developmental disorders, including:
- Brachial plexus palsy, Erb’s palsy, and Klumpke’s palsy. The nerves, called the “brachial plexus”, which run from your neck down to your fingers, can be injured at birth when excessive traction (pulling) is applied to the head or neck. This causes the arm to be fully or partially paralyzed.
- Cerebral palsy. This term refers to a range of neurological disorders that appear in infancy or early childhood that permanently affect body movement and muscle coordination.
- Mental retardation
- Bruising, surface injuries, cephalohematoma, and brain injuries. More common with forceps delivery or vacuum extraction.
- Group-B Strep disease. Can result in sepsis, pneumonia, or meningitis for several months after birth.
- Kernicterus. A progressive type of brain damage that can develop in infants who suffer from untreated, severe jaundice. These injuries can range in severity. Some may require physical therapy and surgery, while others may require a lifetime of tutors, aides and private nursing care.
It’s important to remember that the statute of limitations creates an expiration date for claims filed in New York. The statute of limitations for minors can be complicated, and an attorney should be promptly consulted about the limitations under New York law. Typically, a personal injury lawsuit is governed by a 3 year statute of limitations in New York, but a birth injury that leads to wrongful death needs to be commenced within 2 ½ years of the act, omission or failure believed to have caused the death.
Some common challenges that families face when seeking compensation for a birth injury include determining the cause of the injury, identifying liable parties, and proving the extent of the damages. An experienced attorney can help navigate these challenges by conducting a thorough investigation, working with medical experts, and building a strong case to pursue compensation. With our knowledge and experience, the Bulldog Law Group can help ensure that the child and their family receive the necessary resources to address the lifelong challenges of a birth injury.
If your child has suffered a birth defect injury, it is important to contact a personal injury attorney as soon as possible to protect their legal rights and seek compensation. Birth defect injuries can have lifelong consequences, including physical, emotional, and financial burdens on both the child and their family. An experienced personal injury attorney can help navigate the legal process and work towards obtaining the necessary resources to address these challenges.
Delivering a baby is an extremely delicate process, and complications can result from any number of factors, such as:
- Baby’s size and weight. Challenges are more common in babies weighing more than eight pounds, 13 ounces, or delivered at less than 37 weeks.
- Baby’s position. Babies delivered in a “breech” position — where the legs and buttocks are presented first — are more likely to result in birth injury.
- Prolonged and Difficult Labor. Medically called “dystocia.”
- The Mother’s Pelvis. Cephalopelvic disproportion is a condition in which the size or shape of the mother’s pelvis is not adequate for vaginal birth. Oftentimes these factors should be identified before the child is born, during a thorough course of prenatal care. For example, a sonogram can reveal birth weight, pelvic size/shape, and the position of the baby. If a physician failed to identify these issues during pregnancy, and the result was a serious birth injury, he or she could be liable.
Other mistakes can be made in the delivery room, as well, that cause birth trauma. Some of these include:
- Excessive or improper use of force, and/or misuse of forceps or vacuum extractor during delivery
- Failure of a midwife to seek assistance of a physician
- Failure to respond to fetal distress, and/or delay in performing a cesarean section when necessary
- Failure to respond to umbilical cord entrapment
- Failure to properly intubate (insert a tube) a newborn requiring oxygen.
Below is a list of birth injuries that can lead to long-term side effects and life-changing medical issues, such as nerve and brain damage, and developmental disorders, including:
- Brachial plexus palsy, Erb’s palsy, and Klumpke’s palsy. The nerves, called the “brachial plexus”, which run from your neck down to your fingers, can be injured at birth when excessive traction (pulling) is applied to the head or neck. This causes the arm to be fully or partially paralyzed.
- Cerebral palsy. This term refers to a range of neurological disorders that appear in infancy or early childhood that permanently affect body movement and muscle coordination.
- Mental retardation
- Bruising, surface injuries, cephalohematoma, and brain injuries. More common with forceps delivery or vacuum extraction.
- Group-B Strep disease. Can result in sepsis, pneumonia, or meningitis for several months after birth.
- Kernicterus. A progressive type of brain damage that can develop in infants who suffer from untreated, severe jaundice. These injuries can range in severity. Some may require physical therapy and surgery, while others may require a lifetime of tutors, aides and private nursing care.
Get in touch with us
Contact A New York Birth Injury Lawyer Today
We can be reached at (934) 221-1258 or use our contact form. We look forward to helping you and your family.
Phone
(934) 221-1258