Giving birth is safer today than ever before, for the mother and the baby. However, birth accidents have not been eliminated by modern medicine. They regularly occur. Fortunately, most birth injuries are not serious injuries – they resolve themselves within a few days after the birth. Only a minority of birth injuries are severe, and their impact, long-term.
During a vaginal delivery, the baby’s body experiences a tremendous amount of pressure – especially his head. The baby can be bruised on his face, head and neck during birth. His head can be swollen from all the force of delivery. His face may be paralyzed and blood vessels in his eyes can be broken. These are all birth delivery injuries. In most instances, these injuries resolve themselves.
Serious birth injuries most often involve the nervous system, where there has been a failure to get adequate oxygen to the brain of the mother, the child or both during delivery. When a baby’s brain does not get enough oxygen the baby can sustain permanent damages such as cerebral palsy or brain damage. Other severe birth injuries involve mechanical injuries that can lead to serious injuries such as spinal cord injuries; for example, forceps used upon the baby’s head improperly.
Erb’s Palsy (brachial plexus paralysis) occurs when the baby’s shoulder and related nerves are injured during childbirth. As a result of the injury, the child’s arm may be limp and he may have a loss of muscle control in the arm, wrist, or fingers. Failures in controlling disease, such as eclampsia, can cause grievous injury.
Medical error, commonly referred to as medical malpractice, is one of the main causes of serious birth injuries. Doctors or nurses don’t recognize signs of distress fast enough, or they make a mistake in interpreting electronic fetal monitors or other errors. Sometimes, doctors and nurses fail to act fast enough in a delivery situation where every second matters. If you, or a loved one, has a baby who suffered a serious birth injury, then the law may provide for past and future medical expenses, pain and suffering, as well as long-term care needs for the child.
The legal responsibility for the birth injuries may lie with more than one health care provider: Nurses, doctors, pharmacists and/or other medical professionals all may be partially liable under state law. Speak with a New York City birth injury lawyer who can review your case in order to properly establish fault, and pursue the full compensation you are entitled to.
Birth injury cases are complex and require an attorney with an intricate understanding of the medicine and the interplay between the medical and legal issues. Additionally, there are also strict time deadlines to file suit. Any delay can result in valid actions being time-barred. Here at Hecht Kleeger & Damashek, P.C., our New York City birth injury attorneys have the experience and sophistication to handle a birth injury case. We have represented numerous families who have dealt with the tragedy of serious birth injuries. If you need a personal injury lawyer in New York City, please contact our team. We are available 24 hours per day, 7 days per week for a free initial consultation.