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New York Microcephaly

Microcephaly is a birth injury that involves the baby's head being significantly smaller than expected, typically due to abnormal brain development. It may be apparent at birth, or it may become apparent within the first few years of life. While it can be caused by a genetic abnormality, it can also be caused by a brain injury during delivery, a maternal infection, or another complication that occurs during labor and delivery. Unfortunately, far too often microcephaly could have been avoided had the doctor properly managed a pregnancy, labor or delivery complication such as fetal distress or maternal infection. Microcephaly is a permanent condition. Babies with microcephaly have intellectual disabilities, speech delays, and other lifelong challenges. If you believe that your doctor’s negligence resulted in your child suffering from microcephaly, the New York microcephaly lawyers at the Law Offices of Stephen Bilkis & Associates are here to help. We will review your records and ensure that your legal rights are protected.

Causes of microcephaly

Microcephaly is caused by brain damage. During the course of pregnancy, labor and delivery there are a variety of factors and complications that can cause brain damage that cause the brain to develop abnormally, some unforeseeable, and some preventable.

  • Hemorrhagic stroke. During labor and delivery a baby can suffer a stroke when a blood vessel in or near the brain ruptures. This can lead to bleeding in the brain. Hemorrhagic strokes are typically caused by trauma to the head. For example, the use of forceps and vacuum extractors are associated with hemorrhagic strokes. If your doctor used forceps or a vacuum extractor to deliver your baby and your baby was later diagnosed with microcephaly, after reviewing your medical records a skilled New York microcephaly attorney will be able to determine if your doctor’s negligent use of delivery tools led to your baby’s condition.
  • Cerebral anoxia. Cerebral anoxia occurs when there is a decreased amount of oxygen going to the brain. There are a variety of labor and delivery complications that can lead to cerebral anoxia.
  • Maternal infections. Infections in the mother such as toxoplasmosis, cytomegalovirus, German measles (rubella) and chickenpox (varicella), can be passed to the baby during delivery, leading to brain damage.
  • Maternal drug use. If the mother uses drugs (including certain prescription drugs), alcohol, or is exposed to certain toxins during pregnancy can put the baby at risk of brain abnormalities.
  • Maternal malnutrition. If the mother does not receive proper nutrition during pregnancy the baby’s development will be negatively affected. Severe malnutrition can lead to poor brain development.
  • Genetic abnormality

Children with microcephaly commonly have a variety of challenges such as seizures, small stature, hyperactivity, intellectual disabilities, poor balance, facial distortions, and developmental delays.

Pursuing compensation for placenta previa

If your child has been diagnosed with microcephaly, it is understandable that you want to know the cause. A severe head or brain injury during birth, medications that you were prescribed during pregnancy, or an infection that you had during pregnancy could have led to your child’s microcephaly.

If you believe that your doctor mismanaged a pregnancy or childbirth complication and as a result your child developed microcephaly, you may be entitled to compensation through a medical malpractice lawsuit. As an experienced microcephaly attorney in New York will explain, in order to prevail in a medical malpractice claim, you must be able to show that the doctor you are suing owed you a duty of care because there existed a doctor-patient relationship. You must also have evidence that the doctor was negligent. In other words you must show that the care your doctor gave you was inconsistent with the care that a competent doctor would provide under similar circumstances. Finally, you must show that as a result of the doctor’s negligence your baby suffered a serious injury such as microcephaly. Should you prevail in your claim, you may be awarded substantial compensation on your child’s behalf including money for past and future medical expenses related to treating your child microcephaly.

Contact the Law Offices of Stephen Bilkis & Associates

If your child was diagnosed with microcephaly, understandably you want to know how it occurred. An experienced microcephaly attorney serving New York has the resources and skill to thoroughly review your child’s medical records to determine if negligence was involved. The attorneys at the Law Offices of Stephen Bilkis & Associates have years of experience representing clients who have suffered serious injuries due to medical negligence. 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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