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New York Developmental Delay

A developmental delay refers to when a child does not reach developmental milestones at expected times. While all children are different, there are general guidelines are to when children should walk, talk, and reach other developmental goals. Failure to do so may indicate that the child suffers from a condition that causes the delay, and may need treatment. Failure to meet development milestones can be caused by a number of factors, including a birth injury that affects the brain. For example, if during labor and delivery the baby is deprived of oxygen, even for a short period of time, the result could be a brain damage leading to a developmental delay. While there are many things that could happen during the course of a pregnancy, labor and delivery that could lead to a baby suffering brain damage, there are also many things that a the medical staff can do to prevent the baby from suffering an injury that would lead to brain damage. If your baby was injured due to your doctor’s negligence and as a result has developmental delays, it is important that you immediately contact an experienced New York developmental delay lawyer who has the resources to review your child’s medical record and determine if medical negligence contributed to your child’s condition.

Causes of developmental delays

Brain damage can cause developmental delays in babies. If a baby’s brain is deprived of oxygen, or if it suffers trauma, the result is that brain cells are damaged or die. This leads to cognitive deficiencies and intellectual disabilities. The extent of the delay depends on the location of the brain damage and the severity. Common causes of brain damage include:

  • Long birth. A long birth can lead to the baby suffering oxygen deprivation. If the baby gets stuck in the birth canal because the baby’s size compared to the mother’s pelvis, or if labor progresses too slowly for other reasons, the baby can become stressed and experience a lack of oxygen. It is up to the doctor to manage labor in a way that prevents prolonged delivery, or to take immediate steps to move the delivery along should a problem arise.
  • Compressed or twisted umbilical cord. The umbilical cord provides nutrients and oxygen to the baby. If the cord is compressed, wrapped around the baby’s neck, or has any other issues, there is a danger that oxygen to the baby’s brain will significantly decrease, leading to a brain injury.
  • Use of delivery tools. If a baby gets stuck in the birth canal, or if labor progresses to slowly or stops altogether, the doctor may choose to use delivery tools such as forceps or a vacuum extractor to pull the baby through the birth canal. If the doctor does not use the tools properly, the baby’s brain could suffer trauma leading to brain damage.

As a consequence of brain damage the baby may suffer a variety of injuries that involve different types of developmental delays such speech delays, cognitive problems, intellectual disabilities, and cerebral palsy.

Pursuing compensation

As a skilled developmental delay attorney in New York will explain, medical malpractice occurs when a doctor fails to take reasonable care and as a result the patient suffers an injury. Thus, if a doctor makes an error using forceps that results in the baby suffering a skull fracture and brain damage, and it is the type of error that a competent doctor under the similar circumstances would not make, then the doctor who made the mistake would have been negligent. If as result of the doctor’s incompetence the baby suffered an injury and losses, then a New York law allows the victim and his or her family to hold that doctor accountable through a medical malpractice claim.

In your claim you can name the doctor, any other member of the medical staff, as well as the hospital as defendants. You can demand compensation based on your out-of-pocket expenses related to your child’s injury. For example, if because of your child’s developmental delays, you have to pay for physical therapy, occupational therapy, recreational therapy, speech therapy, and psychological counseling, you can demand compensation for those expenses. If as a result of your child’s injury and the developmental delay your child will not reach the income potential he or she otherwise would have, you can demand payment for diminished future earning capacity.

Before you move forward with your claim against the negligent medical staff, discuss you case with an experienced developmental delay attorney in New York. A medical malpractice claim is complicated and it is important that it is filed correctly to ensure that your legal rights are protected.

Contact the Law Offices of Stephen Bilkis & Associates

A child with developmental delays will face challenges as he (or she) grows up. It is important that he receives the proper medical care, treatment and therapy. If you suspect that your baby was injured because your doctor, nurse, or other healthcare professional was negligent causing your baby to suffer brain damage, do not hesitate to immediately contact an experienced developmental delay attorney serving New York. The staff at the Law Offices of Stephen Bilkis & Associates is experienced in successfully representing clients who have suffered injuries due to mistakes made by medical professionals, as well as those injured in car accidents, truck accidents, construction accidents, and other types of accidents. 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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