The Bronx – Birth Injury Attorneys
The birth of a child is one of the most sacred and defining occurrences
of the human race. However, negligence by a medical practitioner before,
during or shortly after a child’s birth can result in an injury
that may permanently affect the lives of both the parents and the child.
In addition to any emotion pain suffered by parents, a birth injury may
also result in significant financial strain for a family. A child that
has sustained a birth injury may be required to undergo several medical
procedures in addition to frequent visits to the doctor. All these medical
requirements can be fairly costly and may not always be covered by insurance.
Consequently, parents of children who have suffered a birth injury may
be able to receive compensation for any damages sustained as a result
of a doctor’s negligence.
At Queller, Fisher, Washors, Fuchs & Kool our Bronx birth injury attorneys
have decades of experience handing such medical malpractice suits and
we understand how straining a birth injury can be on the infant and his
or her parents. Thus, our legal team is committed to ensuring that you
receive the maximum compensation you deserve in order ensure that the
injured child’s standard of living is increased and his or her life
is made easier.
Elements of a Valid Birth Injury Lawsuit
In order to have a valid birth injury lawsuit, it must be demonstrated
that the doctor or nurse acted negligently. Additionally, it must also
be proven that the medical professional’s negligence directly resulted
in the birth injury. In order to prove negligence, it needs to be illustrated
that the medical professional violated his or her duty of care. A duty
of care if a legal obligation doctors have to proceed with a certain caution
or care and take steps when dealing with a patient that are general acceptable
in the medical community given the particular patient’s condition.
A medical professional may have been responsible for any of the following
Cerebral Palsy: Cerebral palsy can be caused by negligence in certain instances, such as
when a doctor fails to adequately monitor the fetus’ oxygen levels,
resulting in hypoxia.
Brain Damage: Brain damage amongst children is often due to due negligence on behalf
of a medical practitioner. Brain damage may also be caused by several
factors, including, but not limited to, the lack of oxygen, improper use
of forceps or vacuums or the umbilical cord being wrapped around the baby’s neck.
Erb’s Palsy: Erb’s Palsy is often the result of an injury to the shoulder or head
of the infant during childbirth. In the case that the infant suffered
the injury due to improper use of forceps or due to excessive pulling,
the delivering doctor may have acted negligently.
Failure to Order a Caesarian Section: In certain cases, infants may be too large to fit through the birthing
canal. In such a situation, a doctor normally orders a caesarian section.
In the case that the doctor fails to order a caesarian section and the
infant sustains an injury upon passing through the birthing canal, the
doctor can be said to have acted negligently.
In the case that your child has suffered any of the aforementioned injuries,
do not hesitate to contact a birth injuries attorney. Our attorneys will
review the facts of your case and determine whether or not you and your
family are eligible to receive compensation for the damages that you have
How Can You Detect a Birth Injury?
Because of the difficulty associated with performing neurological scans
on newborns, many parents do not realize that their child has suffered
a birth injury, or that something is wrong with him or her, for several
years. In the case that a child was born bluish, suffered a seizure in
their first few months or life o was placed in the neonatal ICU shortly
after birth, it may be a sigh that the infant suffered a birth injury
with the potential to cause neurological problems.
Because neurological problems may take years to manifest themselves, the
statute of limitations for birth injuries is ten years. In the case that
parents believe their child has sustained a birth injury, they should
contact our office immediately. Our attorneys will review the medical
records surrounding the infant’s birth. In the case the existence
of a neurological issue cannot be identified, our firm will retain the
care. If your child develops a neurological issues within the next ten
years, awe will review the case once again and deduce whether or not you
have grounds a for a valid birth injury lawsuit.
Settlements Recovered By Our Bronx Birth Injury Attorneys
At Queller, Fisher, Washor, Fuchs & Kool, our firm has a history of
recovering substantial financial settlements on behalf of families whose
infants have sustained a birth injury. Some of our previous settlements include:
A $9.6 million recovery for the family of a brain damaged child. The mother developed
gestational diabetes during pregnancy, leading to an increase in the weight
of the fetus. At the time of birth, the physicians encountered difficulty
delivering the baby and did not perform a C-Section in a timely manner.
As a result, the child was born severely brain damaged, blind, and deaf.
A $7 million settlement for the family of a 30-year-old woman who underwent a C-Section
to deliver healthy twin boys. The evening following the cesarean delivery,
the mother began to have difficulty breathing and suffered chest discomfort.
Her physicians assumed she had a blood clot, subsequently prescribing
a blood thinner called heparin. Unfortunately, the blood thinner resulted
in the mother's death, as it was determined on autopsy that the mother
did not have a blood clot, but was actually bleeding from the surgical
site. As such, the blood thinner acted as an accelerant to the bleeding,
resulting in her untimely death. Our birth injury lawyers settled the
case on the eve of trial.
Forceps Delivery Injuries
Medical practitioners, including doctors, nurses and midwives are trained
to react quickly and appropriately in the case that complications arise
during birth. Forceps can be defined as a tool which is used to help deliver
a child if there is fetal distress or the mother is unable to push. While
forceps greatly expedite the delivery process, they can also result in
tragic results if used improperly.
At Queller, Fisher, Washor, Fuchs & Kool we understand the difficulty
associated with dealing with and accepting a severe birth injury. We expect
individuals who are associated with childbirth to be properly trained
and act with the skill required in order to ensure the safety of both
he mother and the child. In the case that medical practitioners are unable
to fulfill their responsibilities, our law firm strives to hold such individuals
accountable and ensure that you receive the maximum compensation that
you deserve. In the case that you child has sustained a birth injury due
to the negligence of another we can assist you in securing compensation
for the damages that you have sustained. At Queller, Fisher, Washor, Fuchs
& Kool we offer free consultations in addition to accepting cases
on a contingent fee basis, that is, no monetary compensation is recovered
from you until and unless we are able to secure a settlement in your name.
Effects Resulting From the Improper Use of Forceps
While forceps are useful in expediting a delivery and dealing with other
complications, they are not suitable for every situation. In the case
that forceps are utilized improperly or in the wrong situation, they can
result in disastrous effects, including, but not limited to:
- Facial nerve damage
- Bruising or cuts
- Skull fractures
- Cerebral Palsy
- Brain Injury
Forceps may also harm the mother, resulting in injuries ranging from cuts
to nerve damage. There is no excuse for medical negligence, and in the
case that you have been injured it is imperative that you hold the responsible
parties accountable for their mistakes.
Contact Queller, Fisher, Washor, Fuchs & Kool Today
At Queller, Fisher, Washor, Fuchs & Kool, our medical malpractice lawyers
have been representing the parents of injured infants for over 50 years.
We understand the financial and emotional pain that is inflicted on parents
when their infant suffers a birth injury. As a result, we are committed
to helping ease the financial burden placed on families whose infant has
suffered an injury related to oxygen deficiency. Parents of injured victims
can rest easy knowing that our firm has a history of favorable verdicts
and settlements; many of which exceeding $1 million.
In the case that your child has sustained a birth injury due to the negligence
of a medical practitioner, do not hesitate to contact our New York law
office at (212)-406-1700, or contact us online, to schedule a free consultation
and discuss your legal options.