Table of Contents
- 1 Birth Injuries and Medical Negligence
- 2 Types of Birth Injuries Caused by Medical Negligence
- 3 Proving a Birth Injury Claim
- 4 Limitations in Birth Injury Cases
- 5 Birth Injury Attorney Frequently Asked Questions
- 5.1 What types of cases do birth injury lawyers handle?
- 5.2 What is a birth injury lawyer?
- 5.3 What can I expect while working with a birth injury lawyer?
- 5.4 How long does it take to file a birth injury claim in Long Island, NY?
- 5.5 How can a birth injury lawyer help me?
- 5.6 Find The Best Birth Injury Lawyer Near You
Many people are probably familiar with the concept of personal injury lawyers, but have you ever heard of a birth injury lawyer? If not, the concept is similar to personal injury lawyers, but with a narrowed focus on the preventable injuries sustained by newborns during birth.
Giving birth is a scary time for many, and it can be made all the scarier by the fact that accidents can happen during delivery. As human beings, doctors are not infallible and are as prone to making mistakes as you or I may be. Unfortunately, their mistakes can often be long lasting and severe.
When a mistake occurs during the delivery of a newborn baby it can have a negative impact on the future of the baby in question and it can result in staggering medical costs for the family as they attempt to rectify or cope with the mistake. In some cases, newborns can even sustain permanent physical or brain damage during delivery that could have been prevented.
Birth injury lawyers are dedicated to helping the families of such infants— and any infants who sustained preventable injuries during birth— to receive financial compensation for their suffering. While no amount of money can rectify many of the harms that can occur from doctor negligence, the funds can lighten the burden placed upon the families who have to care for their injured child in the coming years.
Birth Injuries and Medical Negligence
Medical negligence during birth is one of the most common reasons that a parent may choose to file a birth injury lawsuit against the doctor or hospital where the incident occurred. In many spaces, medical negligence is synonymous with medical malpractice. It basically means that that a doctor acted— or failed to act— in any way that deviates from standard medical care or procedure.
Given the complex nature of giving birth and the many ways that this could, by nature, go wrong, there are plenty of ways that medical negligence could occur during childbirth. Some common examples of medical negligence or medical malpractice during childbirth include:
- Using too much force when twisting or pulling a baby during the delivery
- Failure to prevent and/or control the hemorrhaging or tearing in the mother’s birth canal, vaginal area, or any other location during delivery
- Failure to detect fetal distress with heartbeat monitoring or other such means
- Failure to perform a necessary emergency cesarean section (C section)
- Misusing tools during a forceps or vacuum delivery
- Failing to inform the mother about the potential risks involved in any procedure, including forceps or vacuum delivery
Types of Birth Injuries Caused by Medical Negligence
The most common types of injuries that can be caused by medical negligence include things like brain damage, newborn jaundice, vacuum extraction complications, Erb’s Palsy, Cerebral Palsy, Kernicterus, Hypoxic Ischemic Encephalopathy, Newborn Cephalohematoma, Intrauterine Fetal Demise, and Spinal Cord Injuries.
Possible Effects Of A Birth Injury On Your Child’s Life
Studies have shown that even in cases where children grow to be completely healthy, a difficult birth can have a damaging psychological impact on them for years to come. Their unconscious minds imprint the early experience of birth and manifest later in childhood as aggression, anger, anxiety, and other such behavioral problems.
These effects are compounded by separation from the mother at birth caused by stays in the NICU or the death of mother during childbirth.
According to a study conducted at Harvard and Brown Universities in 2011, negative birth circumstances can increase a child’s predisposition for autism. Additionally, further research has indicated that children who experience a traumatic birth are often developmentally delayed or afflicted by learning disabilities like attention deficit disorder. Studies even go so far as to estimate that 80% of children who have disorders like ADD or autism had a history of a difficult birth.
This is not to mention the lasting impact that physical injuries sustained at birth can have on a child. Spinal cord injuries can lead to partial or full paralysis, brain injuries can result in total or partial loss of cognitive function and motor skills, etc. Physical deformities or disabilities are of further concern as these may cause lasting pain or psychological trauma for the child throughout their lives.
Proving a Birth Injury Claim
The first step toward gaining financial compensation for a birth injury is proving that negligence occurred during the birthing process. Initially, you will need to prove that you and the doctor who delivered your child had a professional relationship. In short, you must be able to prove that you were a patient of this doctor at the time that the incident occurred. This can be a simple process and can be done with medical records or hospital bills.
You will also need to collect evidence that a breach of care occurred during the birth. Evidence of this is crucial and your case cannot proceed without it.
Once you have the evidence you will need to prove causation between the evidence and the outcome suffered by your child or the mother. Additionally you will need to prove the damage to you or your child.
An experienced attorney can assist with this process and help you know where to look for all of the necessary elements of a strong birth injury lawsuit.
Limitations in Birth Injury Cases
As with many legal matters, birth injuries have a statute of limitations. In short, you have a limited amount of time during which you can file a birth injury claim. This can be years or decades, but the amount of time will vary from state to state. You’ll need to check with your lawyer to find out what the time frame is for your state.
Our Experienced Birth Injury Attorneys In Long Island
Our dedicated team of experienced birth injury attorneys in Long Island are passionate about helping families receive the financial compensation that they are entitled to following a birth injury. The experience of having a mother or child sustain an injury during birth is incredibly traumatic and can result in high treatment costs and lasting psychological trauma. As such, our team is devoted to easing the burden as much as possible and working diligently to hold the necessary parties responsible.
Birth Injury Attorney Frequently Asked Questions
If you or your child sustained injuries during birth you may be wondering if you could be entitled to financial compensation. Here are some of the most frequently asked questions about birth injury lawsuits and the process of filing a case
What types of cases do birth injury lawyers handle?
Each case is different and if you suspect you may have a case for a birth injury lawyer you should absolutely initiate a conversation. That being said, some of the most common cases include cerebral palsy, erb’s palsy, spinal cord injuries, brain damage, and other injuries sustained during birth. These injuries can occur for the child or for the mother.
What is a birth injury lawyer?
A birth injury lawyer is a personal injury lawyer that specializes in lawsuits from birth injuries and complications. These complications can occur for the mother or the infant, or even for both in some rare cases. These lawyers help you file lawsuits against doctors or hospitals to receive financial compensation for the ordeal you experienced during childbirth.
What can I expect while working with a birth injury lawyer?
You can expect that your birth injury lawyer will work diligently to assist you during this emotional journey. They will communicate with you every step of the way and work hard to help you receive the compensation you deserve for your suffering.
How long does it take to file a birth injury claim in Long Island, NY?
How long it takes to file a birth injury claim will depend on how quickly you are able to assemble all of the necessary components of your case.
How can a birth injury lawyer help me?
A birth injury lawyer will be able to help you by aiding you in building a strong case against the doctor or hospital in question, file the necessary documents with the court of law, gather evidence (this may include witness testimonies as well as medial records), and most importantly of all, help you secure the financial compensation you deserve.