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How Much Are You Owed After a Birth Injury in New York?

Medically referred to as neonatal birth trauma, birth injuries for newborns can range from mild to severe, and could even result in permanent damage like cerebral palsy. Statistically speaking, seven traumatic birth injuries occur out of every 1,000 live births, and they are responsible for approximately 2% of neonatal mortalities.

Prolonged labor, breech deliveries, premature births, and using forceps or a vacuum can lead to birth injuries. Mothers experience delivery injuries, too. If you or a loved one have experienced a birth injury due to a doctor or hospital’s negligence, you may be eligible for compensation. Dalli & Marino, LLP can help you navigate your case and work to get you the damages you may be owed. Read on to learn more about birth injuries and what your next steps should be. 

Common Types of Birth Injuries for Mother and Child

Common birth injuries for mothers fall into two categories: perineal tearing and pelvic floor damage. Physical injuries like these may heal on their own, but most mothers experience emotional distress during or after delivery as well, which can result in psychological issues. Sometimes, serious birth injuries like a tear to the pelvic floor muscles are not detected and treated early. 

Some common cases of neonatal birth trauma for the child can include:

  • Brain injuries caused by intracranial bleeding and lack of oxygen or blood flow during labor and delivery.
  • Cranial or facial nerve paralysis and spinal cord injuries associated with extensive overstretching, pulling, and rotating of the baby’s head and body during the delivery.
  • Peripheral nerve injury, or Erb’s palsy, which is a birth condition that ruins the network of nerves (brachial plexus) from the spinal cord down to the shoulder, arms, and hand during delivery.
  • Intra-abdominal birth injuries, characterized by bleeding into the spleen, adrenal gland, and liver, giving rise to the most damage to newborns.
  • Bone injuries, such as fractures to the long bone, cartilage, collarbone, and clavicle. They typically occur during breech deliveries of large infants.

Nearly all birth injuries to the mother and child can be prevented with proper monitoring by medical personnel. If you believe your child sustained a birth injury due to negligence, discuss your legal grounds for financial compensation with an attorney. Medical negligence causes preventable harm that often creates lifelong emotional and financial hardship to affected families.

Potential Settlement in a Birth Injury Lawsuit

Medical negligence during delivery occurs when trained healthcare professionals do not meet a minimum standard of care. This can include seemingly small or careless mistakes throughout the pregnancy that can create lifelong complications. 

It’s common knowledge that conditions like diabetes, obesity, and preeclampsia increase the risk of childbirth complications. Failing to screen, diagnose, and nip these issues in the bud may lead to long-term congenital anomalies or even death. Seeking legal compensation from a birth injury lawsuit can ease the financial burdens placed on your family’s medical negligence.

Fortunately, many birth injury lawsuits can be settled outside of court, so affected families don’t suffer through an arduous trial process. Settlement money can help families recover out-of-pocket expenses, including non-economic damages that they’ve endured following a birth injury. Some damages that families may be eligible for include:

  • Pain and suffering
  • Physical and occupational therapy costs
  • Special education and transport modification
  • Costs associated with medication, rehabilitation, and surgery, if needed
  • Lost wages for a parent who has to quit their job to become a full- or part-time caregiver

You should not have to pay for injuries that could have been mitigated with quality care during delivery. A competent birth injury lawyer can assist you to strengthen your case and even increase the likelihood of receiving economic or non-economic damages.

How Can a Birth Injury Lawyer Help?

Many factors can influence the outcome of a birth injury settlement, which is why hiring an attorney can be beneficial, as they can help you mitigate stress, navigate the complexities of the legal system, and work to get you the compensation you’re owed. A birth injury lawyer might also be able to negotiate a favorable settlement that covers most, if not all, of your child’s medical expenses.

Birth injuries greatly affect all aspects of a child’s life and that of their immediate family. If a child is severely disabled as a result, they may also require adaptive equipment to aid independent mobility. These changes, coupled with immediate health care needs and caregiving duties, can alter the entire family’s quality of life. Partnering with a lawyer can help to ensure the settlement offered accounts for unforeseen costs in the future as well.

Pursue a Favorable Settlement with a New York Birth Injury Lawyer at Dalli & Marino, LLP

Healthcare professionals have a duty to safely navigate all birthing situations and safely deliver your child. Unfortunately, medical negligence during delivery can lead to lifelong birth injury-related infirmities. You don’t have to go through the legal process alone, however. As experienced attorneys, we’ve handled birth injury cases and helped our clients pursue millions of dollars in damages.

If the birth injury could have been prevented, our team can look into your case and fight to get you the compensation you’re owed. Get in touch with us at Dalli & Marino, LLP by calling us at (888) 465-8790 or schedule a consultation by filling out our online contact form to find out if you have grounds for a claim.


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