The birth of a child is one of the happiest moments in a parent’s life — or at least, it should be. Unfortunately, that joy can quickly turn to heartbreak if medical professionals make mistakes that result in birth injuries.
These injuries can leave a child with lifelong disabilities, and the emotional and financial toll on the family can be overwhelming. When medical negligence occurs, parents may have the right to pursue a birth injury claim and seek compensation for the harm caused to their child.
In such situations, consulting with an experienced New York birth injury attorney proves to be crucial. A skilled personal injury attorney with experience handling birth injury cases can help families recover compensation for medical expenses, pain and suffering, and more.
The award-winning birth injury attorneys at Schwartzapfel Lawyers are here to help. Call us now at 516-342-2200 or schedule your free consultation online today. Alternatively, please continue reading.
What Are The Common Causes Of Birth Injuries?
Birth injuries are often preventable with proper care and attention from healthcare providers. However, medical errors made during labor and delivery can lead to serious, sometimes permanent, injuries to newborns. Common causes of birth injuries relate to the birthing process itself or improper care during labor.
Oxygen Deprivation (Hypoxia)
If a baby doesn’t receive enough oxygen during birth, it can lead to brain damage, such as cerebral palsy or encephalopathy. This can occur when there is umbilical cord entrapment, delayed C-sections, or improper monitoring of fetal distress.
Improper Use Of Forceps Or Vacuum Extraction
When doctors use tools like forceps or vacuum extractors incorrectly, it can cause serious injuries, including skull fractures, nerve damage, or brain injury. These tools are very rarely used during delivery because their rate of unintended consequences is high.
Shoulder Dystocia
Shoulder dystocia occurs when a baby’s shoulder becomes stuck during delivery, often leading to brachial plexus injuries or Erb’s palsy. In some cases, the child may suffer from permanent nerve damage, affecting their ability to use their arms or hands.
Delayed Or Improper C-Section
Modern medical technology sometimes allows a doctor to determine ahead of labor if a Cesarean section (C-section) is the safest option. In some cases, an emergency C-section is necessary to prevent injury to the baby. When medical professionals don’t promptly perform a C-section, it can lead to severe complications like oxygen deprivation or physical trauma.
Inappropriate Use Of Labor-Inducing Drugs
The overuse of labor-inducing drugs like Pitocin can cause excessive contractions, putting the baby at risk of injury. Late epidurals and overuse of pain medication can cause complications during labor and delivery.
These are just a few examples of the mistakes that can lead to birth injuries. Medical professionals are responsible for following standards of care during labor and delivery. When they fail, the consequences can be devastating.
The experienced birth injury attorneys at Schwartzapfel Lawyers are eager to review your case, no matter the underlying cause of your child’s injury. Call us now at 516-342-2200 or schedule your free consultation and/or case evaluation online today!
What Are The Most Common Birth Injuries?
There are many different types of birth injuries, ranging from mild to severe. Moreover, birth injuries can affect children differently throughout their lives, depending on their severity. To this end, consider the following:
Cerebral Palsy
Cerebral palsy is a neurological disorder that affects movement and coordination. It often occurs due to a lack of oxygen during birth. Some children with cerebral palsy live relatively ordinary lives, while others require constant care. The severity of cerebral palsy can vary widely, and early intervention and therapy can make a significant difference in helping affected children reach their full potential.
Erb’s Palsy
Erb’s palsy results from damage to the brachial plexus, the network of nerves that controls the arms and hands. It is often caused by improper handling during delivery, especially in cases of shoulder dystocia. Children with Erb’s palsy may experience weakness or limited movement in one arm, but with early treatment and physical therapy, many can improve their strength and functionality over time.
Brain Injury
Any form of trauma or oxygen deprivation during birth can lead to permanent brain damage, impacting the child’s cognitive and physical development. These effects can vary greatly from one child to another, and early intervention can play a crucial role in improving outcomes and helping the child reach their developmental milestones.
Brachial Plexus Injuries
Brachial plexus injuries affect the network of nerves controlling arm movement and can result in partial or complete paralysis of the arm. Treatment options may include physical therapy, occupational therapy, or, in some cases, surgical intervention to improve function and mobility in the affected arm.
Fractures & Broken Bones
Sometimes, improper use of forceps or vacuum extractors can result in fractures, especially to the baby’s collarbone or skull. These injuries can lead to pain and mobility issues, and it’s important for parents to seek medical advice if they notice any unusual symptoms following delivery.
Spinal Cord Injuries
These rare but severe injuries can cause paralysis or other permanent disabilities. Here, prompt medical attention and rehabilitation are absolutely essential to help manage symptoms and improve the quality of life for affected individuals.
With all this in mind, if your child has suffered a birth injury, it’s highly important that you seek legal advice from the right birth injury attorney. The right attorney can help you review the legal process and pursue a birth injury claim to recover financial compensation for your child’s injuries and future needs.
The seasoned birth injury attorneys at Schwartzapfel Lawyers are ready to walk you through your options today. Call us at 516-342-2200 for a free consultation and so much more.
Please, don’t let your medical bills pile up, and don’t let worry control your life. Protect your financial future by calling today!
How Can A Seasoned Birth Injury Lawyer Help?
A skilled New York birth injury attorney can play a critical role in helping families recover compensation after a child’s birth injury.
Investigating Medical Records
A qualified birth injury attorney can thoroughly review your child’s medical records to determine if medical negligence occurred during the birth. They can research whether the healthcare provider failed to meet the standard of care.
Filing A Birth Injury Claim
The right attorney can also handle all aspects of filing a birth injury lawsuit, ensuring the necessary documents are submitted by the deadline, including compliance with the statute of limitations.
In New York, the statute of limitations for medical malpractice cases generally allows parents to file a claim within two and a half (2.5) years of the child’s birth, but exceptions may apply.
Negotiating With Insurance Companies
Insurance companies operate at a profit, often trying to settle claims for less than what the family deserves. A skilled birth injury attorney can negotiate with the insurance company on your behalf to fight for compensation for medical expenses, lost wages, and other damages.
Representing You In Court
If a settlement cannot be reached, the right attorney can represent you in court. Birth injury cases can result in substantial verdicts that provide long-term financial support for the injured child’s care.
The knowledgeable birth injury attorneys at Schwartzapfel Lawyers are ready to help you review your options. Call us now at 516-342-2200 for a free consultation and endless peace of mind.
What Financial Compensation Is Possible For Birth Injuries?
Families affected by birth injuries can seek financial compensation for various damages, including but not limited to:
- Medical Expenses: These can include the cost of immediate medical care, surgeries, physical therapy, and long-term treatment.
- Future Medical Care: Children with severe birth injuries often require lifelong medical support, which can include equipment, therapy, and personal care assistance.
- Pain And Suffering: This represents the physical and emotional distress caused by the birth injury.
- Loss Of Future Income: If the child is unable to work in the future due to their injuries, the family may be compensated for the loss of future earnings.
- Non-Economic Damages: These include compensation for the impact on the child’s quality of life, emotional distress, and disfigurement.
After a consultation, a seasoned birth injury attorney can provide detailed information about the types of compensation you may receive.
Get Skilled Legal Representation Today!
Birth injury cases are emotionally and financially challenging for families. However, with the support of a dedicated birth injury attorney, you can hold those responsible accountable. Contact a seasoned New York City birth injury lawyer today to begin the process of seeking compensation.
The skilled birth injury attorneys at Schwartzapfel Lawyers have more than (150) years of combined experience fighting and winning for families like yours. Call us now at 516-342-2200 for a free consultation and/or case evaluation.
Don’t wait until it’s too late. Call now and start recovering today!
DISCLAIMER: Nothing on this page should be considered legal advice. You should seek the appropriate counsel your situation requires. For more information, call 516-342-2200 now!
Sources:
Schwartzapfel Lawyers, P.C. | Fighting For You
What moms should know about forceps and vacuum deliveries | UT Southwestern Medical Center
