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Birth Injury And Negligence
Queller, Fisher, Washor, Fuchs And Kool And The Law Office Of William A. Gallina, LLP

BIRTH INJURY ATTORNEY NEW YORK

Birth Injury & Negligence

Our birth injury attorneys in New York protect the rights of children who have suffered a birth injury due to the negligence of a doctor or medical provider. When negligence occurs before, during or shortly after a child's birth, it can result in an injury that permanently affects the lives of both the parents and child. In addition to the emotional pain parents may suffer after their child is injured, a birth injury can cause considerable financial strain. A child who has suffered a birth injury may have to undergo many medical procedures and frequent trips to the doctor, causing high medical bills which may not be covered by insurance.

As a result, parents of children who have suffered a birth injury may be able to receive compensation for damages if the injury was caused by a doctor's negligence. At Queller, Fisher, Washor, Fuchs & Kool And The Law Office Of William A. Gallina, LLP, our birth injury attorneys have decades of experience handling medical malpractice lawsuits. We understand how difficult a birth injury can be on the infant and their parents; our firm is committed to securing compensation for our clients to make their injured child's life easier.

What Qualifies As A Birth Injury?

Individuals often confuse birth injuries with birth defects. Birth injuries are often the result of something that went wrong during or shortly after birth. A birth defect, however, is caused in advance of the birth.

The following may be the result of birth injuries:

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
  • Infections

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.

Birth Injury Lawyers

What Constitutes As Negligence In A Birth Injury Lawsuit?

To prove that your medical care provider is negligent in your birth injury case, the following things are considered:

  • Did the professional exercise the proper care and caution under the circumstances, given the knowledge that was available?
  • Did the professional fail to act under the circumstances, resulting in brain damage to your child?

As experienced and respected birth negligence lawyers, we have handled numerous birth injury claims, including some of the most complex in New York. We have a sophisticated understanding of medical injuries and a nuanced approach to birth negligence claims.

Are Birth Injury Lawsuits Generally Successful?

There is no definitive "rate of success" for medical malpractice lawsuits involving birth injuries. Whether a lawsuit is successful depends on a number of factors, including when the lawsuit was filed, the severity of the injury, when the injury occurred and the actions taken by the doctor and nurses.

Do I Need A Birth Injury Attorney To Receive Compensation?

Medical malpractice is an extremely complex area of personal injury law. Each year, it becomes more challenging to try these cases. As a result, it is important for parents of injured infants to secure the counsel of a lawyer. Parents should hire a birth injury attorney in New York with experience litigating medical malpractice cases.

How Much Money Is Your Case Worth?

The value of birth injury lawsuits can vary from case to case. Compensation for a birth injury can range from several thousand dollars to well over $1 million.* The cost of medical bills, effect on future earning potential and extent of pain and suffering caused by the injury are some of the factors that go into determining how much a medical malpractice lawsuit may be worth.

Our Birth Injury Lawyers Are Former Insurance Company Insiders

Many members of our team are former insurance company insiders – having worked for years as insurance defense attorneys. We know what it takes to maximize a client's recovery, and how to achieve it. We know the right questions to ask, the right ways to approach insurance companies and the right medical experts to consult regarding your child's injuries. Medical malpractice claims are often difficult to prove and to litigate, but we have demonstrated outstanding successes in this area of personal injury law. From investigating the mistakes a medical practitioner may have made to exhaustively reviewing a patient's previous medical records, we go above and beyond to prove a client's claim.

How Do I Schedule A Consultation With Your Birth Injury Attorneys In New York?

If your child has suffered a birth injury due to negligence, you may be entitled to compensation. For a free consultation with our birth injury attorneys in New York, call our Manhattan office at 212.406.1700, our Bronx office at 718.892.0400 or contact us online. We will review your case and discuss your legal options with you. The attorneys at Queller, Fisher, Washor, Fuchs & Kool And The Law Office Of William A. Gallina, LLP take all cases on a contingency fee basis, meaning our services are free of charge unless there is a monetary recovery. Our law firm is proud to serve the New York City area, including the Bronx, Brooklyn, Manhattan, Queens and Staten Island, as well as the surrounding counties and New Jersey. We offer legal services in English, Spanish, Portuguese, French and Chinese.

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212.406.1700

BRONX
718.892.0400

NEW YORK CITY
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233 BROADWAY
#1800
NEW YORK, NY 10279

212.406.1700

BRONX
lOCATION

1250 WATERS PLACE
SUITE 708
BRONX, NY 10461

718.892.0400

Queller, Fisher, et. al., LLP
Personal Injury Lawyers Serving NYC

*PRIOR RESULTS CANNOT AND DO NOT GUARANTEE OR PREDICT A SIMILAR OUTCOME WITH RESPECT TO ANY FUTURE MATTER, INCLUDING YOURS, IN WHICH A LAWYER OR LAW FIRM MAY BE RETAINED. VERDICTS ARE SUBJECT TO REDUCTION AND MODIFICATION ON APPEAL.

*AV PREEMINENT AND BV DISTINGUISHED ARE CERTIFICATION MARKS OF REED ELSEVIER PROPERTIES INC., USED IN ACCORDANCE WITH THE MARTINDALE-HUBBELL CERTIFICATION PROCEDURES, STANDARDS AND POLICIES. MARTINDALE-HUBBELL IS THE FACILITATOR OF A PEER REVIEW RATING PROCESS. RATINGS REFLECT THE CONFIDENTIAL OPINIONS OF MEMBERS OF THE BAR AND THE JUDICIARY. MARTINDALE-HUBBELL RATINGS FALL INTO 2 CATEGORIES: LEGAL ABILITY AND GENERAL ETHICAL STANDARDS.