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Common Birth Injuries: Medical Malpractice Claims

The birth of a newborn baby should be one of a parent’s best moments. However, even the smallest medical error can rapidly turn beautiful childbirth into a traumatic experience. Negligence that can occur during or immediately following the delivery of a newborn can have long-term repercussions for the newborn, including brain damage and cerebral palsy. Mothers may also suffer severe harm during the birthing process due to negligence.

If you believe your newborn’s injuries (or your own) were due to medical negligence during the delivery of your newborn, you may be able to seek compensation for your damages. While compensation won’t undo the devastating birth complication, it can provide you with financial restitution that will help offset the losses you’ve endured.

Common Birth Injuries Due to Medical Malpractice

It’s difficult enough to get through a long labor. You shouldn’t need to be concerned about birth injuries as well. If your newborn has suffered any of the below common birth injuries during delivery and labor, you should contact a New York birth injury lawyer right away who specializes in birthing injuries and medical malpractice cases. Some common birth injuries due to malpractice include:

Cerebral Palsy

This condition is a group of movement disorders that impact motor skills and can result in mental and physical disabilities. While there is no cure, there are a number of treatment options available to help manage this disorder. However, these treatment options can get very costly. If your child’s cerebral palsy was due to medical negligence, you may be able to seek compensation to offset these costs.

Some types of medical negligence that can lead to this disorder include:

  • Failure to perform an emergency cesarean section in a quick and timely manner
  • Failure to monitor the newborn’s vital signs and heartbeat
  • Pulling, twisting, or forcing newborns out of the birth canal during labor and delivery
  • Misuse of vacuum extractors and forceps

Your doctor can be held liable for failing to take essential and necessary precautions to prevent birth injuries to your newborn. If your doctor didn’t provide you or your newborn with proper medical treatment, they may be at fault for your newborn’s cerebral palsy.

Brain Damage

Childbirth-related brain damage is a common type of birth injury. Infant brain damage is frequently caused by physical injury while giving birth to the newborn. Children can struggle with lifelong mental and physical disabilities caused by brain damage. You could be eligible for compensation if medical negligence caused your child’s brain damage.

Spinal Cord Injury

Spinal cord injuries disrupt the nerve connection between your brain and the rest of your body. Spinal cord birth injuries can occur when healthcare professionals strain an infant’s neck by twisting, pulling, or using tools to remove the infant from the birth canal. When spinal damage prior to birth goes undiagnosed, it can lead to a delivery-related spinal cord injury.

Skull Fracture

The flexible, soft nature of the skulls of infants places them at a higher risk for skull fractures. Newborns often suffer from skull fractures during delivery that are caused by misuse of medical instruments. These injuries must be monitored carefully since they can lead to permanent intellectual and physical disability.

Erb’s Palsy

This is a birth injury that’s due to nerve damage in the arm, shoulder, and/or hand. Many children with this injury do make full recoveries with treatment. But, the associated medical expenses can quickly add up. If your child suffers from Erb’s Palsy that’s related to a medical error during the delivery of your baby, you may be able to seek compensation to help pay for the costs of treatment and other medical expenses.

Why Hire a New York Birth Injury Lawyer for Your Medical Malpractice Case?

When you have a New York birth injury lawyer on your side, it provides you with the ability to take an aggressive, results-driven stance against hospitals, healthcare professionals, and insurance companies for any birth injuries due to medical malpractice. An experienced attorney will know how to deal with complex legal cases like these and will take certain actions, such as:

  • Reviewing medical records very carefully to find any inconsistencies
  • Consulting with fellow doctors and medical experts
  • Dealing with hospitals and insurance companies directly
  • Negotiating with an insurance company on your behalf
  • Filing a lawsuit for a birth injury

No matter what it takes or how much work must be done, a skilled attorney will do all they can to help ensure that justice is served. Your birth injury case truly matters and will drive an experienced lawyer to work harder each day during a difficult time for you and your family.

NY Statute of Limitations on Your Birth Injury Case

It’s important you’re fully knowledgeable of the New York statute of limitations when filing your birth injury lawsuit. This is the deadline by which your case must be filed.

Birth injury lawsuits need to be filed in New York within three years from the date the negligence occurred. If death was a result of the birth injury, you usually must file your lawsuit within two years of that date. Once the statute of limitations has passed, you’ll lose your chance to file a lawsuit. Because of this, it’s important that you consult with a birth injury lawyer in New York immediately upon suspecting negligence.

If you’re considering filing a birth injury lawsuit, an experienced attorney will guide you through the entire process. They’ll talk with you about your potential compensation options and determine the exact deadline for filing.

Contact a New York Birth Injury Lawyer at Dalli & Marino LLP Today for your Medical Malpractice Claim

Birth injuries are some of the most unsettling and upsetting medical malpractice cases birth injury lawyers deal with. If your newborn suffers a severe injury or dies because of an error made by the delivery surgeon or healthcare professional, they must be held liable for their actions.

This is why it’s crucial you contact Dalli & Marino, LLP, today to talk about your case. Our skilled New York birth injury lawyers have the experience and know-how to navigate through complex cases like these. We will work hard to secure the compensation you and your family are entitled to. Take a stand against hospitals and insurance companies with the help of our legal team. Contact our office here at Dalli & Marino, LLP, today by calling (888) 465-8790 or filling out our contact form.


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