Member of:
Justia Lawyer Rating
American Association for Justice
NYSTLA
Union Plus
AARP

Brooklyn Birth Injury

Even with remarkable medical advances in medicine over the past few several decades, birth injuries still occur with alarming frequency. A birth injury can occur without warning, causing severe damage to the infant and significant emotional suffering for the parents. Cerebral palsy is a common type of birth injury. According recent statistics out of every 1,000 births, 27 will involve a birth injury. These injuries to an infant can cause a significant and permanent brain injury. This problem can be apparent when it occurs, or be discovered over a period of time as child develops. In many cases a birth injury occurs when the pregnancy or delivery has complications. In other cases the doctor may misdiagnose a condition in the mother or the baby resulting in an injury to the baby. If your child has suffered a birth injury as a result of a medical misdiagnosis or some other type of medical malpractice, it is important that you immediately contact an experienced Brooklyn birth injury lawyer who will help you pursue compensation for your child's injuries.

Common types of birth injuries

Close to 3% of births will involve a birth injury. That amounts to about 28 out of every 1000 births. While birth injuries general occur during while the baby is in the birth canal, a birth injury refers to an injury that occurs during any stage of the delivery process. Birth injuries include injuries to the head, brain, bones, soft tissue and skin. Common birth injuries include:

  • Cerebral palsy
  • Klumpke palsy
  • Brachial plexus injuries
  • Shoulder dystocia
  • Fetal death
  • Perinatal asphyxia
  • Hypoxic ischemic encephalopathy
  • Sepsis
  • Seizures
  • Birth hypoxia
  • Spastic Quadriparesis
  • Erb's palsy

In some cases a birth injury is treatable and the baby makes a full recovery. In other cases, however, the birth injury leaves the child with permanent injuries. As a result the victim requires extensive medical treatment and lifelong care, or the victim has a permanent disability. For example, Erb's palsy is birth injury that involves partial or full paralysis of an arm. Erb's palsy often occurs when the baby gets "stuck" during a natural childbirth and the medical staff decides to use extraction methods to pull the baby out. In cases where the baby is pulled too hard the baby may suffer nerve damage. People with Erb's palsy typically cannot fully raise one or both of their arms. Similarly with Klumpke's palsy the muscle's in the child's forearm and hand are affected resulting in a deformed hand.

Causes of birth injuries

While giving birth is a natural process, it is also a very complicated process. There are a number of things that could go wrong. When a child is born with a birth injury, it is sometimes due to a mistake made by a doctor, nurse or other healthcare provider. Examples of errors that could lead to a birth injury include:

  • Failure to detect changes in the baby's heart rate and other signs of fetal distress
  • Delay in ordering a C-section
  • Failure to diagnose a birth complication
  • Administering the wrong medication
  • Improper dose of the correct medication
  • Improper use of forceps, vacuums or other medical tools
  • Mistake in the administration of anesthesia to the mother
  • Failure to diagnose or properly treat a pregnancy complication such as preeclampsia, gestational diabetes, breech pregnancy or umbilical cord complications
Pursuing compensation

A birth injury is often the result of medical malpractice. Medical malpractice occurs when a medical professional such as an obstetrician, nurse, or other healthcare professional fails to take reasonable care and as a result the patient suffers an injury. Thus, if a doctor fails to detect fetal distress or a nurse administers the wrong medication and as a result your baby is injured, then those medical professional would have committed medical malpractice. The law allows you to hold the negligent medical professional legally and financially liable through a medical malpractice claim.

If your baby dies as a result of the medical mistake you may pursue damages from those whose negligence lead to your child's death through by filing a wrongful death claim.

Contact us today for a free consultation

A birth injury can change the course of a child's life and severely impact the lives of the child's family. The staff at the Law Offices of Stephen Bilkis & Associates understands the emotional pain and financial distress experienced by families with babies that suffer birth injuries. We will work hard to make sure those whose mistakes caused your child's injuries are held accountable. Our staff is experienced in handling claims from people injured due to mistakes of healthcare workers. Contact us at 800.696.9529 to schedule a free, no obligation consultation to find out how we can help. We represent clients in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.

Client Reviews
★★★★★
Great attorney helped out my family at a very hard time for us. His compassion and professionalism were greatly appreciated. Can't thank him and his staff enough for all the support and legal guidance ! Brad
★★★★★
Everyone was great, they created solutions to what I thought were insurmountable problems. The lawyers were prepared and clearly experienced. Thomas B.
★★★★★
Unbelievably easy and professional experience. Great communication and got the job done. Would highly recommend to anyone needing representation. Emily K.
★★★★★
Mr. Bilkis is courteous, and professional. I have had the pleasure of knowing him for many years. He is knowledgeable and hard working. Hire Stephen Bilkis for your all of your legal needs. He will fight for you and your family. Shawn S.