How Can You Tell If Your Child Suffered A Birth Injury?
Due to the difficulty involved in performing a neurological scan on a newborn, many parents don't realize for several years that there is something wrong with their child. If a child was born bluish, suffered a seizure in their first few months of life or was placed in the neonatal ICU shortly after birth, it may be a sign that the infant suffered a birth injury with the potential to cause neurological problems. A neurological issue, however, may take years to manifest itself. As a result, the statute of limitations for birth injuries is 10 years. Parents who believe that their child may have suffered a birth injury should immediately contact a birth negligence lawyer. Our birth injury attorneys in New York will review the medical records surrounding the infant's birth. If there is no sign of a neurological issue, we will retain the parents' case. Should the child develop a neurological issue within the next 10 years, we will review the case and see if the parents have grounds for a birth injury lawsuit.
Is Brain Damage Considered A Birth Injury?
Yes. When a baby is born with severe brain damage, it is often extremely devastating for the parents. Babies who are born with brain injuries may need constant, long-term care, and may even have developmental problems as they grow. This can alter the quality of life of your child, and the life of your family. Families not only experience extreme financial strain, but they also endure both physical and emotional trauma. Whether your child's brain injury occurred before or during birth, you may be eligible to seek compensation for medical malpractice.
What Can Cause an Infant to Sustain Brain Damage?
- Lack of proper medical care during pregnancy
- Lack of oxygen during labor and after delivery
- Improper handling of infant during labor and delivery
- Incorrect medical diagnosis and treatment
These unfortunate injuries are often the result of a baby suffering extreme distress during labor, and the medical team failing to respond appropriately. This failure to respond can lead to oxygen deprivation to the baby. Lack of oxygen, over a matter of minutes, puts infants at risk for serious brain damage if doctors do not respond immediately. In many cases, your child's injuries could have been prevented had your health care professional exercised greater care and caution during the course of your pregnancy and labor. This constitutes as negligence, and our birth injury attorneys are ready to help you seek justice.
Do I Have Grounds For A Birth Injury Lawsuit?
In order to have a valid birth injury lawsuit, the plaintiff must be able to prove that a doctor or nurse acted negligently. The plaintiff must also prove that the medical professional's negligence was directly responsible for the child's injury. In order to prove negligence, the plaintiff must be able to show that the medical professional violated their duty of care. A duty of care is a legal obligation that doctors must take the same steps when dealing with a patient that another competent physician in the same field would take.
A medical professional's negligence may have been responsible for any of the following birth injuries:
Brain Damage: Brain damage in a child is often the result of a medical professional's negligent actions. Brain damage can be caused by a number of factors, such as lack of oxygen, improper use of forceps or vacuums or the umbilical cord being wrapped around the baby's neck.
Cerebral Palsy: Cerebral palsy can be the result of negligence in certain instances, such as a doctor failing to properly monitor the fetus's oxygen levels, causing hypoxia.
Erb's Palsy: Erb's palsy is usually caused by an injury to the shoulder or head of the infant during childbirth. If the infant suffered the injury due to improper use of forceps or from excessive pulling, the delivering doctor may have acted negligently.
Failure to Order a Caesarian Section: Some infants may be too large to fit through the birth canal; in these cases, it is standard for doctors to order a C-section. When a doctor fails to order a C-section, and the infant suffers an injury coming through the birth canal, the doctor may have acted negligently.
Oxygen Deficiency: A lack of oxygen during the birthing process can result in debilitating conditions for an infant, including brain damage and cerebral palsy. Oxygen deficiency may be caused by prolonged time in the birth canal, a twisted umbilical cord or Meconium aspiration, among other factors. In some cases, oxygen deficiency could have been avoided had the health care provider exercised greater caution; this constitutes as negligence.
Forceps Injuries: When forceps are used improperly, they can harm the infant, leading to bruising, laceration, nerve damage, scarring, skull fractures and even brain injury. Forceps can also injure the mother if used improperly. You may be able to claim negligence if improper forceps usage resulted in an injury.
If your child has suffered any of the aforementioned injuries, do not hesitate to contact a birth injury attorney in New York to review your case step-by-step and determine if your family is eligible to receive compensation.