Nassau County Birth Injury

A birth injury is a type of injury that occurs during the pregnancy, during the delivery process, or immediately after the baby is born. A birth injury can leave the baby with permanent injuries, affecting the baby for the rest of his or her life. In addition the parents of the baby will suffer emotional trauma and will have to face years of medical bills and expenses related to the special care that the child will require. Frequently a birth injury is a type of medical malpractice where the doctor or other medical professional made a medical misdiagnosis or some other type of mistake that resulted in the injury to the baby. If you are in need of a Nassau County personal injury lawyer because you believe that your child sustained injuries during birth, it is critical that you contact an experienced Nassau County birth injury lawyer who will be able to review the specific facts and circumstances of your delivery and determine whether a medical mistake contributed to your child’s injury.

Common types of birth injuries

Current statistics report that 27 of every 1,000 births will involve a birth injury. Injury to the child can happen at any stage during the delivery process. Doctors and other medical staff attending a birth are required to monitor the health of the fetus and handle any complications which may arise in a timely and proper manner according to accepted medical protocol. If failure in these duties results in an injury, the family may have a viable birth injury claim.

For example, cerebral palsy is a condition that is a common type of birth injury that involves damage to the baby’s brain. The brain injury is caused by a lack of oxygen to the brain or by a brain hemorrhage. As a result the child may suffer permanent problems with muscle control, muscle coordination, muscle tone, reflex, posture and balance. The child's fine motor skills, gross motor skills, and oral motor functioning may also be impacted. Other common birth injuries include:

  • Perinatal asphyxia
  • Hypoxic Ischemic Encephalopathy
  • Sepsis
  • Seizure
  • Spastic Quadriparesis
  • Erb’s palsy

Depending on the severity of your child's condition a birth injury may require that your child receive lifelong special care. For example, many conditions will require that your child have multiple surgeries, physical therapy, and occupational therapy. In addition, your child may require special assistive technologies such as a motorized wheelchair, special software, modified keyboard, and apps for a tablet or phone.

Causes of birth injuries

Birth injuries are often caused by negligence on the part of a doctor or other health care provider. In some cases the injury occurs because of a failure to properly diagnose a condition i the mother or child. In other cases a complicated birth is not handled according to accepted medical standards. Common causes of birth injuries include:

  • Neglecting to perform appropriate tests during pregnancy
  • Failing to diagnose or treat infections, placenta problems, umbilical cord entrapment or premature rupture of the membranes
  • Misdiagnosis of a condition in the mother or baby
  • Neglecting to refer high-risk patients to appropriate specialists
  • Failing to address changes in the fetus’ condition
  • Failing to perform sufficient pre-natal testing
  • Improper forceps use
  • Improper vacuum use
  • Delay in ordering a Cesarean section
Consequences of a birth injury

In some cases the effects of physician error is temporary, or can be fixed through corrective medical intervention. In other cases injured children will require full-time care for life and will never experience the quality of life that all parents hope for their children. The cost of the care of a child born with a serious, permanent condition is well beyond the means of most families. If you suspect that medical negligence was the cause of your child’s birth injury, then you may be entitled to monetary damages to compensate you for the following:

  • Past and future medical expenses
  • Loss of future earning potential
  • Pain and suffering
Contact the Law Offices of Stephen Bilkis & Associates

Because birth injuries can be caused by a number of different factors it is important to contact an attorney with experience in this area of law. The staff at the Law Offices of Stephen Bilkis & Associates is experienced in handling claims from people injured due to the mistake of a healthcare worker. We will examine your medical records to examine diagnostic tests, electronic fetal monitor strips, use of birthing tools, labor and delivery flow sheets, and additional information to determine whether medical malpractice contributed to your child's birth injury. Contact us at 1-800-NY-NY-LAW (1-800-696-9529) 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.

Contact Us for a Free Consultation
1-800-NY-NY-LAW (1-800-696-9529)