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Manhattan Birth Injury

Birth injuries occur in approximately 27 out of every 1000 births in the United States. They may occur during the mother's pregnancy, at the time of delivery, or in the course of newborn care. Common causes of birth injuries include improper pre-natal care, failure to diagnose a disease or misdiagnosis of it, improper delay in inducing labor, failure to perform a c-section when required, improper handling of the baby after birth, failure to respond to apparent fetal distress, and improper monitoring and care of the baby following a delivery. In many cases a birth injury occurs when the pregnancy or delivery has complications. In other cases, a medical misdiagnosis may cause the baby to suffer a birth injury that will have life long, permanent consequences for both the baby and the parents. 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 Manhattan birth injury lawyer who will help you pursue compensation for your child's injuries.

Common types of birth injuries

When a baby is born with an injury or illness, it usually could have been avoided with proper treatment or monitoring during pregnancy, during delivery, or in the moments immediately after delivery. Typically the negligent action or inaction of a medical professional caused the injury to the baby. A few of the more common birth injuries include:

  • Brachial plexus injury. Is an injury that occurs during delivery when the baby's shoulders get stuck as the baby descends through the birth canal. As a result, the baby suffers nerve damage in the shoulder, arms, hands, or fingers. A brachial plexus injury can lead to Erb's palsy.
  • Anoxic brain damage. Is an injury that results from the baby's brain being deprived of oxygen. There are a variety of causes of the oxygen deprivation including failure to perform a timely c-section, placenta rupture, umbilical cord compression, or the negligent use of labor inducing drugs. However, in most cases if the mother and baby were properly monitor and a dangerous condition was timely treated, the brain damage could have been avoided.
  • Erb's palsy. Is a birth injury caused by nerve damage to the baby during the delivery, such as when a brachial plexus injury occurs. The result is paralysis or weakness to the shoulder, arm or hand.
  • Cerebral palsy. Is a serious condition that affects control over muscles. Babies with cerebral palsy have a variety of problems such as curvature of the spine, speech problems, incontinence and mobility problems. They typically have lifelong disabilities.
Causes of birth injuries

Birth injuries are often caused by negligence on the part of a doctor, nurse or other health care provider who fails to properly monitor, diagnose or treat the mother or baby.

  • Failing to properly monitor fetus. For example, if the fetus shows signs of distress it is critical that the doctor respond immediately. In some cases it would be necessary for the baby to be immediately delivered via c-section.
  • Failing to administer appropriate tests during pregnancy. If the doctors fails to perform routine tests, or tests that should be performed based on the mother's symptoms or medical history, the result can be that the doctor will miss critical information that will help diagnose a serious condition.
  • Failing to timely perform c-section when baby is distress. Failure to do so can lead to a variety of problems such as oxygen deprivation leading to permanent brain damage.
  • Negligent use of extractor, vacuum or forceps during delivery. Improperly using such tools can lead to bruising, nerve and other damage to the baby's head.
  • Failure to diagnose umbilical cord problems. If the umbilical cord is compressed or wrapped around the baby's neck, the baby may suffer from oxygen deprivation leading to brain damage.
Pursuing compensation for a birth injury

If you suspect that your child's medical condition was caused because a medical professional was negligent, you may be entitled to compensation. New York law allows injured victims to seek damages by filing a personal injury lawsuit against the doctors, nurses and other medical staff whose negligence led to your child's condition. Compensable damages include medical expenses related to the birth injury, loss of income potential, and pain and suffering.

Birth injuries can be fatal. If your baby passes away as a result of a birth injury, you may be entitled to compensation based on a wrongful death lawsuit.

Contact the Law Offices of Stephen Bilkis & Associates

Birth injuries can leave a family emotionally and financially devastated. If you suspect that your child's medical problems are due to an error by the obstetrician, anesthesiologist, nurse, or other medical professional, you have the right to demand compensation through a medical malpractice claim. If Contact the Law Offices of Stephen Bilkis & Associates to discuss the details of your case. Our staff is experienced in handling claims from people injured due to the mistake of a healthcare worker. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We represent clients in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.

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