Injuries sustained during birth can cause newborns to suffer lifelong disabilities, complicating their life before it even starts. But as the parent of a child harmed during birth due to the wrongful actions of healthcare providers, you have the right to file a lawsuit against the people that harmed your infant, and to gain compensation that will pay for the decades of medical care that your child will need.
To find out more, get in touch with the New York personal injury lawyers at Wingate, Russotti, Shapiro & Halperin, LLP by calling (347) 573-9194 and receive a no-cost consultation on your case. The insight you gain will help you make the right decisions and protect your child's future.
Childbirth is a delicate process, but doctors who deliver babies have undergone extensive training and should have years of experience handling the various complications and unique circumstances involved in childbirth. With so much preparation, there is no excuse for your child to be injured during birth.
Unfortunately, there are countless ways in which a doctor can act negligently and cause severe injuries to a newborn child. Typical causes of birth injury include:
- Delay in delivery
- Failing to recognize complications during labor
- Improper use of forceps or vacuum extraction
- Not performing a Cesarean section when needed
- Not performing emergency procedures to solve complications
Any of these reckless actions can quickly lead to birth injuries. However, most parents do not know when these acts of negligence occur, as they are not trained like medical workers and trust that doctors will provide proper care for them and their child.
You may suspect that medical malpractice led to your child’s birth injury, but you will not be certain until the incident is investigated.
Newborns are in a vulnerable state as they are delivered. As such, the birthing process must proceed at the right pace and with as few complications as possible. It is the responsibility of doctors to ensure that children and their mother are properly cared for at all times. When doctors act recklessly, such as in the manner listed above or otherwise, many different injuries can be suffered by the child, including:
- Cerebral Palsy - Cerebral palsy is caused by brain damage from physical injuries to the skull, lack of oxygen, or other complications during birth. An affected child will have permanent physical disabilities, including difficulties in development and movement.
- Brachial Plexus Injury - Many infants suffer complications during birth when their shoulders get stuck behind the delivering mother's pelvic bone. However, doctors are trained to perform various procedures when these complications arise. Failing to do so will cause a brachial plexus injury, tearing and harming the nerves connected to the spinal cord and severely impairing function in one or both arms.
- Bone Fractures - Improper use of forceps or suction by a delivering doctor can lead to bone fractures in an infant.
- Asphyxia - If delivery is delayed, the child may be unable to breathe for an extended period of time. This asphyxia can easily cause severe brain damage, which leads to a wide variety of physical and mental disabilities.
- Spinal Cord Damage - Not recognizing complications during delivery, improper position of the infant during birth, and reckless actions taken during delivery may severely injure the child's spinal cord, causing severe physical disabilities for life.
The truly devastating nature of birth injuries is that because they are suffered at such an early age, they can cause health problems and disabilities that last a lifetime or cut a child's life short. Parents who have suffered such losses need to hold at-fault medical workers responsible and get compensation that pays for all of their child's needs while growing up.
WRSH Partner Philip Russotti obtained a $10 Million mediation settlement for failure to timely perform a Cesarean Section. The case was venued in Orange County, NY.
WRSH Partner, Phil Russotti, obtained a $6 million settlement for our client whose child suffered severe brain damage during birth.
We claimed that the baby should have been delivered by emergency C-Section or forceps delivery. He was ultimately diagnosed with cerebral palsy and spastic quadriparesis.
Partner Philip Russotti argued that as a result of this negligence, the child suffered hypoxia which resulted in mild retardation, severe ADHD and social isolation as well as difficulties with fine motor skills.
Q: How common are birth injuries?
A: With all of the modern advances in medicine, injuries to infants and mothers--before, during, or just after delivery--have been greatly reduced. But, statistics show that approximately three out of every 100 babies born in the United States each year, suffer from birth injuries.
Q: Who is negligent?
A: Doctors and all other medical personnel must use the level of skill equal to that of everyone else in their profession under similar circumstances. If inappropriate or deficient medical attention is given, negligence may have occurred. Negligence is difficult to prove, and the sooner the matter is investigated, the greater the chances are of receiving compensation.
Q: Do I have a New York birth injury case?
A: If you suspect a birth injury has occurred due to the negligence or malpractice of medical professionals, it is important for you to contact a qualified NY birth injury lawyer at (347) 767-4108 immediately.
If your child has been injured during birth due to a medical professional's reckless actions, do not wait to get in contact with Wingate, Russotti, Shapiro & Halperin, LLP. The sooner our New York birth injury lawyers can begin investigating your case, the better our chances are of finding needed evidence and successfully holding at-fault medical workers responsible. With our help, your child can have the best chance at recovery without leaving you with overwhelming medical bills. To learn more, call (347) 573-9194 and receive a free consultation.