Nerve damage can seriously impact an adult’s mobility, well-being, and livelihood – but these injuries can be especially detrimental to infants as they result in long-term damage. Whether a child has suffered facial paralysis, a brachial plexus injury, or chronic pain, he or she may face great hardships when growing up. In many cases, these injuries occur at birth due to the negligence of medical providers who can be held accountable for their actions.
If your child suffered a nerve injury as a result of medical negligence, you and your family deserve full compensation for all the damages your child has suffered. At Wingate, Russotti, Shapiro, Moses & Halperin, LLP, our legal team has helped clients throughout New York City secure verdicts in complex and high-value medical malpractice claims. Our New York infant nerve injury attorneys have recovered hundreds of millions of dollars for victims of nerve damage and can provide the same level of legal expertise in your case. Call us at (212) 986-7353. There is no cost to you for speaking to us with your free initial consultation.
During difficult births, it is imperative for doctors to follow proper procedures and provide timely medical care to avoid injuring a newborn. Doctors are trained to use a variety of equipment, including forceps and vacuums, and techniques to safely deliver infants. However, if a medical professional ends up applying too much pressure on the infant, it can cause serious nerve damage. An infant’s nerves are especially fragile when compared to an adult, and excessive force can cause tear, compress, or stretch his or her nerve. Such a force can include squeezing too hard on an infant’s arm/shoulder or bending his or her neck/back in way that it damages the spinal cord.
A doctor can cause an infant nerve injury by:
- Using too much force with forceps
- Carelessly performing a vacuum extraction
- Applying too much pressure on a newborn’s head or neck
- Failing to safely dislodge a newborn who is suffering a shoulder dystocia
- Causing birth fractures that tear a newborn’s nerves
Nerve damage presents in many different forms, ranging from temporary numbness, difficulty controlling the affected area, partial or complete paralysis, and chronic pain. If identified early and the nerve is still intact, proper treatment can help resolve most of the issues and allow a patient to make a full recovery, but the long-term impact of a nerve injury is just as likely. Many patients require physical therapy, medication, assistive devices like wheelchairs and walkers, surgery, and long-term care – all of which can be extremely expensive over the life of an injured patient. The costs associated with an infant nerve injury will vary depending on the nature of the injury, its location, and the extent of damage suffered by the nerve.
One of the most common types of nerve injuries in newborns is a brachial plexus injury, which involves damage to the network of nerves between the shoulder and neck. A brachial plexus injury is linked with several other conditions, including Erb’s palsy and Klumpke's palsy, which involve nerve damage to an infant’s arm and hand, respectfully.
Other nerve injuries and conditions that an infant can suffer include:
- Facial paralysis
- Spinal cord injuries
- Diaphragm paralysis
- Damage to the laryngeal nerve, which controls breathing, swallowing, and vocal cords
- Bowel and bladder issues
- Chronic pain
Injuries to newborns should never be ignored, especially when caused by medical negligence. If your child suffered a nerve injury as a result of a careless doctor, then your family deserves fair and full compensation.
Compensation should not just include the immediate medical expenses of an injury, as an infant nerve injury can result in lifelong disabilities. Victims of medical negligence may recover the full costs of their injuries and the lifetime expenses that they incur due to a nerve injury. This includes past medical bills, as well as future expenses such as surgeries, physical therapy, pain medication, assistive devices, in-home medical care, and renovations to a home or vehicle, etc.
In addition to the medical expenses, parents may also be able to recover damages related to lost wages or lost earning potential, especially if their careers were impacted by having to take care of an injured child. A parent may need to take time away from work to get treatment for his or her child or have to permanently remain at home to attend to the child's needs. These costs should not be dismissed, as they can heavily impact a child’s future, and need to be included in a claim.
Injured patients are also entitled to non-tangible damages such as those due to the physical pain caused by their injuries, mental distress, loss of enjoyment of life, and other personal consequences of an injury. Unlike other states, New York does not have damage caps on pain and suffering, and your attorney can review your child’s injuries to determine the full value of your case.
For more than five decades, our New York birth injury lawyers at Wingate, Russotti, Shapiro, Moses & Halperin, LLP, have represented infants and their families in medical malpractice claims. We know that you are worried about your child’s future and the costs of long-term treatment, which is why we always fight to obtain the highest possible award for our clients. We work closely with medical experts to understand your child’s injury and will review every damage that you have suffered to calculate the total cost of the medical negligence involved. If a doctor caused your infant’s nerve injuries, then we will use all of our expertise and knowledge to advocate for your best interests.
Call us today at (212) 986-7353 to get a free case evaluation and learn how Wingate, Russotti, Shapiro, Moses & Halperin, LLP, can stand up for you.
WRSMH attorney Philip Russotti obtained a $10 Million mediation settlement for failure to timely perform a Cesarean Section. The case was venued in Orange County, NY.
WRSMH attorney, 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.
Attorney 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.
WRSMH obtained a $1,300,000 jury verdict, after a three week medical malpractice trial in Staten Island, on behalf of a 6-year-old girl who suffered a brachial plexus injury known as Erb's palsy.
We claimed that the hospital was negligent for not intervening and performing a cesarean section in light of the mother's failure to adequately progress in labor.