New York Birth Injury Lawyers
The birth of a baby is a joyous event, and we all hope competent doctors and caring nurses deliver our babies. Unfortunately, that isn’t always what happens. Delivering a baby is difficult, even in the best of circumstances. Sometimes doctors must make hard choices during the delivery for the best interests of the baby and the mother.
If a birth injury is due to a medical professional’s negligence or carelessness during the delivery, the baby may face a lifetime of complications.
If you believe your child’s birth injury was due to negligence during delivery, you can seek compensation for your baby’s pain and suffering.
Why you need a birth Injury Lawyer
Proving that medical malpractice caused a birth injury may require the assistance of skilled legal professionals who understand what can happen during the birth and the distinction between negligence and necessity. At Harris Keenan & Goldfarb, our attorneys have that specialized ability. Call us at 800-724-6529 for a confidential consultation on your case.
Types of Birth Injuries
Sometimes birth injuries are due to congenital issues the baby has before birth. In other cases, mishandling during birth can cause or aggravate these conditions. During delivery, the baby is cut off from the support of the placenta for blood and oxygen but hasn’t yet exited the birth canal to breathe on its own. This interval is when most serious injuries occur.
Common birth injuries
- Hypoxia. A medical term for “lack of oxygen,” hypoxia happens when the umbilical cord is pinched or trapped during the delivery. This condition is believed to cause other birth injuries.
- Cerebral palsy. This developmental disorder affects the baby’s mental and physical development. It is thought to be caused by prolonged hypoxia. The risk of cerebral palsy increases if the baby is deprived of oxygen during delivery, especially if the umbilical cord is compromised.
- Hypoxic-Ischemic Encephalopathy. This imposing term is a medical way of saying “lack of oxygen causing brain death.” Sometimes, the baby’s oxygen levels drop drastically just before delivery. An emergency C-section can sometimes prevent this from worsening.
- Erb’s palsy. Also known as “brachial plexus.” This nerve damage is caused by the baby’s arm and shoulder being forcibly twisted during delivery. Although it can be treated, it can lead to paralysis, muscle weakness, and difficulty moving the arm.
- Klumpke’s palsy may result from the same cause. This damage affects the wrist and hand.
- Shoulder dystocia. The head is the biggest part of the baby, but the shoulders and collarbones are the widest. Babies with “linebacker shoulders” may become trapped in the birth canal. This can lead to shoulder fractures or nerve damage for the baby. The mother can suffer uterine tears or rupture unless the labor is relieved immediately.
- Broken bones. Babies’ bones are difficult to break. They are soft and flexible to help ease the delivery. However, the shoulder and long bones of the arms and legs can be broken during delivery if the baby is in an awkward position. Most such breaks can be treated and healed quickly.
- Growth-plate fractures. Bones grow fastest at the ends. A fracture in the growth plate can later impact the baby’s development because a scar will form on the plate.
All these injuries can have lifelong consequences for the baby and place a special burden on the parents, who must care for the child for the remainder of the child’s life.
Causes of Birth Injuries
Nobody likes to think their doctor, especially their baby’s doctor, has been careless or negligent. Negligence in medical malpractice cases means that the doctor failed to adhere to the minimum standard of care expected from a professional. Birth injuries can also be due to actions by the nurses, aides, or other medical personnel during the delivery.
No matter what the cause, having your baby suffer injury because of careless or negligent behavior by medical professionals can be devastating. If you believe your baby was injured due to negligence, your next step is to demonstrate how it happened. For this, you’ll probably need an attorney.
Proving Birth Injury Malpractice
To determine whether the doctor behaved carelessly during delivery, your attorney needs to review the documents about the baby’s birth.
Once we have all this information, your attorney will create a timeline of the delivery and review all the actions taken by the medical professionals handling the delivery. If it appears that there were lapses in communication, signs of distress, or other problems with the delivery, your attorney will have a basis to pursue a case.
What Can I Expect in a Birth Injury Case?
Just like any personal injury case, compensation for a birth injury includes money for medical bills, physical and emotional suffering, and other losses. In a birth injury case, the harm that was done may last for a lifetime. A baby suffering from a broken bone or shoulder injury leading to nerve damage may require multiple surgeries and doctor visits to fully correct the problem. If your baby suffered a more serious consequence, such as cerebral palsy, the compensation could be much higher.
A baby who has a more serious condition may need a lifetime’s worth of medical care, therapy, and specialized devices to ensure they lead a happy and comfortable life. Parents may need additional support if one of them must leave a job to care for the infant or require emotional or psychological support to cope with the stress of raising a special-needs child.
Some of the compensation you can recover includes:
A birth injury case must take into account that the child will live with this condition for the rest of their life. If the injury or condition is serious enough, the child may be unable to attend school or work later in life. In a situation where the condition was caused by another person’s careless or negligent act, the child is entitled to the quality of life they would have had if they had not suffered this injury.
When You Need a Birth Injury Lawyer
If you believe your child was injured during birth due to the negligence of the medical staff, you may wonder how to proceed. The knowledge and details necessary to bring a successful birth injury case may be beyond the skills of a layperson, especially if you are still trying to manage the issues involved in your child’s care.
When you contact Harris Keenan & Goldfarb, the first thing we will do is perform an extensive review of the details surrounding the birth of your baby. We will gather the documentary evidence, medical records, and other notes about the birth and locate any discrepancies in the delivery. Many people are involved in delivering a baby, and all of them should be accounted for in developing the case.
The Legal Process
Witnesses and other staff must be interviewed and sometimes deposed to get other parts of the story. A deposition is a legal proceeding where your attorney questions a witness about the case. This process can help locate other witnesses and fill out case details that might otherwise not be discoverable. Part of this process will be creating a Life Care Plan for your child to estimate the compensation needed.
Following the investigation and discovery process, your attorney will negotiate with the hospital or doctor to attempt a resolution without litigation. Going to court is costly and time-consuming, and time is of the essence when a child is involved. Once a Life Care Plan has been developed, your attorney will have a figure to present to the other side’s attorneys.
Pre-trial negotiation is an essential part of the process. As much as you may want to get the negligent person into court, your attorney must show that you have tried all other methods to resolve the case and have been unsuccessful. In some cases where the negligence has been unusually egregious, or the facts are so clear that litigation would be useless, the other side may agree to at least part of the compensation requested.
Going to trial
If no resolution is possible, our team will prepare for court. All this information will be assembled into a comprehensive document called a Complaint. The Complaint is filed with the court and served on the other party or their attorneys. Then the case will eventually go before a judge or jury to determine the facts and award compensation.
If your baby has suffered a birth injury and you believe it was due to negligence or malpractice by medical professionals, you should contact our legal team immediately. In New York, a personal injury case must be filed within three years of the date of injury. A medical malpractice case must be filed within 30 months.
Since your child needs care immediately, you need to act right away. Call Harris Keenan & Goldfarb at 800-724-6529 for a confidential consultation. We want to see you and your baby get the compensation you deserve for your child’s injury. Call us today. You can also fill out our intake form, and a member of our team will call you.
How Can We Help?
Book an Appointment
"*" indicates required fields