Child birth is a scary time for parents. You worry about the health of the mother and the health of the newborn baby during delivery. There are so many variables that occur during child birth that cause parents to be anxious and nervous about the entire event. It can be all the scarier by the fact that accidents can happen during delivery. Doctors, nurses and hospitals make mistakes. They are not infallible. Unfortunately, their mistakes can often be long lasting and severe.
When a doctor, nurse, or hospital staff makes mistakes during the delivery of a newborn baby, it can have a negative impact on the future of the baby and can result in tremendous medical costs for taking care of the baby and attempting to rectify or cope with the mistakes. In some cases, newborns can sustain permanent physical or brain damage during the delivery process that could have otherwise been prevented with the proper care and treatment.
Birth injury lawyers are dedicated to helping the families of such infants to receive financial compensation for their pain and suffering and associated medical costs. While no amount of money can rectify the damages that can occur from a doctor, nurse or the hospitals negligence, the compensation can ease the burden placed upon the families who have to take care of their injured child.
Birth Injuries and Medical Negligence
Medical negligence (medical malpractice) during birth is the most common reasons that a parent may choose to file a birth injury lawsuit against the doctor, nurse or hospital where the incident occurred. Medical malpractice means that a doctor acted, or failed to act, in a way that deviates from standard medical care or procedure. Given the complex nature of child birth and the many ways that delivery can, by nature, go wrong, there are plenty of ways that medical negligence could occur during childbirth. Some common examples of medical negligence or medical malpractice during childbirth include:
- Using too much force when twisting or pulling a baby during the delivery
- Failure to prevent and/or control the hemorrhaging or tearing in the mother’s birth canal and/or vaginal area during delivery
- Failure to detect fetal distress with heartbeat monitoring or other such preventative measures
- Failure to perform a necessary emergency cesarean section (C section)
- Misusing tools during a forceps or vacuum delivery
Types of Birth Injuries Caused by Medical Negligence/Medical Malpractice
The most common types of injuries that can be caused by medical negligence include things like:
- Brain damage
- Newborn jaundice
- Vacuum extraction complications
- Erb’s Palsy
- Spinal Cord Injuries
- Cerebral Palsy
- Kernicterus
- Hypoxic Ischemic Encephalopathy
- Intrauterine Fetal Demise
All of these injuries can have devastating lifelong repercussions.
Possible Effects of a Birth Injury On Your Child’s Life
Studies have shown that even in cases where children grow to be completely healthy, a difficult birth can have a damaging psychological impact on them for years to come. Their unconscious minds imprint the early experience of birth and manifest later in childhood as aggression, anger, anxiety, and other such behavioral problems.
There are also lasting impacts that physical injuries sustained at birth can have on a child. Spinal cord injuries can lead to partial or full paralysis and brain injuries can result in total or partial loss of cognitive function and motor skills. Physical deformities and/or disabilities may cause lasting pain or social trauma for the child in their school or community.
Why Hire a Birth Injury Attorney
A birth injury lawyer with experience can help you and your family make a path to recovery during this tenuous time. An experienced attorney will request all the relevant medical records, reports and diagnostic studies needed to evaluate the medical treatment rendered and the extent of the injuries suffered. The lawyer will determine who is at fault using experts to guide them. You do not have to know who caused your child’s injuries. A law firm with specially trained and experienced attorneys can review your case and figure out who was involved and how the injuries occurred.
A birth injury lawyer can take care of the process of gathering evidence and presenting it to a judge or a jury. Your attorney can collect evidence such as medical records, photographs, eyewitness statements, and testimony from medical experts to support your birth injury claims.
In New York, you have a limited amount time to being a birth injury claim. New York law provides that a parent’s loss of services claim arising from medical negligence against a private party typically must be started within 2-1/2 years of the act of negligence. When medical malpractice is committed upon a person under the age of eighteen (18) years, New York law further provides a time extension for “infants” that allows lawsuits for personal injury arising from the claimed malpractice to be commenced within 10 years of the date of medical negligence or within 2-1/2 years after the “infant” reaches the age of eighteen (18) years, whichever is earlier. An attorney can make sure you meet these deadlines so that your claims are preserved.
Finally, your attorney can fight with you by your side while we defend your child’s rights. Our lawyers are not be afraid to go up against large hospitals and major insurance companies in pursuit of justice and fair compensation. Your lawyer can handle negotiations or a personal injury trial while you focus on your family.
