Staten Island Birth Injury Attorneys
The birth of a child is one of the most sacred and defining occurrences
amongst 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 Staten Island 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 Staten Island 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.
Staten Island Oxygen Deficiency Malpractice Attorneys
If not addressed immediately, oxygen deprivation during pregnancy or the
birthing process can put the infant at serious injury. An infant can suffer
numerous ailments after birth such as hypoxic-anoxic encephalopathy, cerebral
palsy and brain damage due to oxygen deprivation. These devastating circumstances
can be avoided in the case that a doctor and the delivery ream spot the
oxygen deficiency early on. Oxygen deficiency may be detected through
the use of a birth monitor. After detection, the delivering doctor may
be able to prevent any adverse effects to the infant by performing a Caesarian
Causes of Oxygen Deficiency
While uncommon, an infant suffering from oxygen deficiency in the womb
can be caused by a number of factors. The following factors are the most
common causes of oxygen deficiency:
- Compressed umbilical cord
- Too much time in the birth canal
- Umbilical cord wrapped around the baby’s neck
- Twisted umbilical cord
- Meconium aspiration
What Are Your Options?
A birth injury caused by a lack of oxygen can have serious long-term physical
affects on a child. Additionally, the injury can also cause financial
strain upon the parents of the child. Birth injuries such as Cerebral
Palsy for example, can result in frequent medical procedures and doctors,
activities that result in the accumulation of high medical costs, often
not covered by insurance. A birth injury may also significantly alter
and impair the infant’s long-term earning potential. Consequently,
the parents of infants who have suffered a serious injury due to a lack
of oxygen caused by the negligence of a medical practitioner, may be able
to recoup compensation for any damages sustained due to the injury through
a valid medical malpractice lawsuit.
Doctors are expected to the take the same steps, whilst treating a patient,
that another doctor in the same field, given the same conditions and patient,
would have taken. This is defined as the standard of care in the medical
field. When a doctor fails to adhere to the accepted standard of care
and violates his or her duty of care, he or she might have acted negligently.
For example, in the case that an infant gets stuck in the birthing canal,
the operating doctor is required to immediately order a caesarian section.
Failure to do so results in the child being stuck and increases the infants
chances of retaining a birth injury In such cases the doctor can be held
liable for any damages sustained as a result of the aforementioned injury.
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.