New York Birth Injury Lawyers
Birth injury refers to a newborn baby suffering from a physical injury that is the result of the birth process. Birth injuries are usually the result of trauma inflicted upon the baby during the labor and delivery process. They commonly arise when there are complications during delivery of the baby. Birth injuries range from small bumps and bruises to lifetime impairment caused by physical injury or brain damage.
Birth injuries can sometimes be the result of physician malpractice or negligence. A birth injury can occur if a physician does take not take adequate steps in monitoring both the health and condition of the baby and mother. A physician that fails to act properly after observing signs of distress during pregnancy or delivery can also cause significant injury to both the newborn and the mother.
It is important to note that not all birth injuries are the result of malpractice or negligence. Some birth injuries (and defects) are unavoidable. In forming a lawsuit it is important to show that the medical providers failed to give proper and adequate medical care and advice during pregnancy or delivery.
Birth injuries can be caused by a variety of situations that arise during pregnancy and delivery.
If left untreated such situations may have drastic results. The common situations that arise include:
- Oxygen deprivation
- Unusual positioning of the baby during birth that can cause difficulty in traveling through the birth canal
- Excessive force acted upon the baby during the birthing process
- Delays in performing a cesarean section
- Improper use of forceps can result in serious injuries such as shoulder dystocia. According to Wikipedia: "Approx. a fifth of human labors have dystocia. "Pregnancies complicated by dystocia often end with assisted deliveries including forceps, ventouse or, commonly, caesarean section"
The worst of possible birth injuries are the ones that affect the baby’s brain. Such injuries lead to long-term, even lifelong, disorders (such as seizures) and even mental retardation. Birth injuries that are associated with malpractice and negligence include:
- Cerebral Palsy
- Erb’s Palsy
- Klumpke’s Palsy
- Brachial Plexus Palsy
- Asphyxia neonatorum
- Fetal Anoxia
Mild birth injuries are not uncommon. Complications that arise during pregnancy and delivery can lead to harm for both the mother and/ or the newborn. It is important that the medical team monitor both the condition of the mother and baby at all times during labor and childbirth. The physician should be aware of possible complications that may arise based on gathered information regarding the fetus and medical history of the mother. Failure to apply adequate monitoring and/or responding to complications that arise may be grounds for malpractice and negligence.
In court, the accused negligent healthcare provider will have attorneys that will try to refute and devalue your case. Having a birth injury attorney on your side will help fight and counter the testimony given by the healthcare provider.
You Have the Right to Receive Proper Compensation for the Injuries Sustained from a preventable Birth Injury or Negligent Health Care Provider!
Don't wonder about your rights!
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