Brooklyn Birth Injury Lawyer
Most births are joyous occasions. Unfortunately, for some families the joy is dampened by the presence of a birth injury that should have been avoided.
Put simply, birth injuries are almost always the result of negligent actions on the part of the attending physician and his or her staff. While some of these injuries may be minor and heal quickly, other will lead to permanent disabilities.
The expense and pain and suffering of a birth injury should not go uncompensated. Money can’t erase what happened, but it can allow you to provide a happy, healthy life for your child. Contact a Brooklyn birth injury lawyer to begin working on your case.
Common Causes of Birth Injuries
Some causes of birth injuries are more common than others. Many are justification for a medical malpractice lawsuit. Some of the preventable causes of birth injuries are as follows:
- Fetal Distress – This most commonly occurs when the fetus is not receiving enough oxygen, although there are other causes. It is generally detectable early on.
- Prolonged or Difficult Labor – An especially long or obviously difficult labor is sometimes a sign that the physician should consider a C-section.
- The Mother’s Pelvis Shape – If the mother’s pelvis is the wrong size or shape for delivery, a vaginal birth may be difficult or dangerous.
- Unusually Large Infant – Infants larger than 8 pounds are at higher risk for difficult births.
- Forceps – The physician may use forceps to assist in the birth. All diligence and care must be taken not to injure the mother or the baby in this process.
Common Birth Injuries
All birth injuries are tragedies, and medical professionals must take steps to ensure that your child does not suffer such an injury during the birthing process. Failure by the medical staff to take precautions to prevent a birth injury can be grounds for a medical malpractice lawsuit.
Common birth injuries include all of the following:
- Fractures – The most common injury associated with birth trauma, fractures most commonly affect a baby’s clavicle (collarbone). However, the birth process can also result in fractures of the arms, legs, ankles, back, and hips.
- Anoxia or Oxygen Deprivation – This type of birth injury can occur if the placenta separates prematurely or if the umbilical cord becomes entangled around the child’s neck, which reduces oxygen flow to the brain. These injuries can sometimes result in brain damage.
- Bell’s Palsy – Bell’s palsy commonly occurs when the baby’s facial nerves are damaged during the birth and is commonly associated with the use of forceps during the birthing process.
- Erb’s Palsy – Shoulder fractures and nerve damage caused during the birth can develop into Erb’s palsy. This will result in an inability to use the affected arm or hand effectively.
A physician delivering a child is responsible for exercising due diligence when it comes to ensuring the child’s health. When a doctor fails to meet the medical standards required, that doctor is then responsible for any birth injuries caused to the child.
If this has been your experience, a Brooklyn birth injury lawyer is your best option to make certain the doctor is held accountable through a medical malpractice lawsuit.
What Can Be Compensated with Birth Injuries?
Some birth injuries may turn out to be more expensive than others. Depending on the injury, surgeries and other expensive medical treatments may be necessary. If a permanent disability results, the family could be faced with serious financial burdens.
Some birth injuries may necessitate one of the parents staying at home to provide for the child with additional care and attention. Whether this means working part-time or not working at all, you can seek financial compensation to recover your current and future lost wages.
It is possible to seek financial compensation for any expenses or damages that result from your child’s birth injury:
- Medical appliances and home medical equipment
- Transportation expenses
- Living expenses created by the injury
- At-home medical care
Licensed medical professionals are required to exercise a level of diligence in ensuring they protect the life and wellbeing of their patients. In the case of a birth defect, it may be clearly demonstrated that your doctor did not exercise the necessary medical diligence required.
When this occurs, the doctor should be held accountable. One act of carelessness from a doctor can change a patient’s life forever.
These cases can be complicated to prove, which is why you need the services of a seasoned Brooklyn birth injury lawyer to represent both your best interests and those of your child. Our investigative resources can go to work gathering the evidence required to prove negligence.
New York Statute of Limitations
The statute of limitations limits the amount of time you have to seek financial compensation through a lawsuit.
If you intend to seek financial compensation through a medical malpractice lawsuit, you must file a lawsuit within two and a half years of the injury having occurred. This means the clock begins ticking the second your child is injured, making it important to get a Brooklyn birth injury lawyer involved a soon as possible.
The time constraints dictated by the statute of limitations are not flexible, meaning if you miss the deadline for filing a medical malpractice lawsuit, you may not have any recourse to get the compensation you deserve.
However, some birth defects do not become evident until years later when a child manifests developmental difficulties. This could occur long past the standard two years and six months. In these cases, the statute’s clock starts ticking once the injury is diagnosed.
Preparing for a Birth Injury Lawsuit
The very first and most important step you need to take is hiring a Brooklyn birth injury lawyer who will take over the preparation process for you. Once retained, your attorney will collect and examine all documentation related to the birth injury—medical records, any communication from medical providers, all billing invoices, statements, and insurance information.
Your attorney will also begin an investigation in order to collect evidence and witness testimony establishing the fault of the delivery doctor.
The Legal Process
Once all the facts are assembled, a complaint, or petition, will be filed with the clerk of the court. This document identifies all the legal claims being made, the parties involved, the facts and legal basis for bringing the complaint, and an appeal for relief to the court.
The other parties indicated in the lawsuit will be notified by way of summons, which will let them know that your lawsuit has been filed so they can respond.
The Legal Proceedings of a Birth Injury Lawsuit
Once all the parties have been notified that a court action is in process, your Brooklyn birth injury lawyer will continue to gather evidence, conduct depositions, respond to any counterclaims, interview expert witnesses, and prepare you for your own testimony.
Get Help from a Brooklyn Birth Injury Lawyer Today
Legally, your doctor is required to provide you and your child with the appropriate level of care, and this includes protecting your newborn child from any birth injuries.
There is no excuse for the negligence and carelessness that result in birth injuries. These injuries can change the course of a life, and doctors have been entrusted with bringing these new lives into the world free of harm.
A Brooklyn birth injury lawyer from Greenstein & Milbauer, LLP can help you hold responsible the doctor whose negligence harmed your infant. Arrange a free case evaluation by calling 1-800-VICTIM2 (1-800-842-8462), and receive the financial compensation your family deserves.