The birth of a child can be one of the most beautiful moments of a parent's life, however 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, our New York birth injury lawyers have decades of experience handling medical malpractice lawsuits. We understand how difficult a birth injury can be on the infant and their parents, and are committed to securing our clients' the compensation that can make their injured child's life easier.
Has your child suffered an injury before, during, or shortly after birth? If so, and the injury was the result of a doctor's negligence, you may have legal recourse. For a free review of your legal options, call 212.406.1700 or contact us online. Our birth injury lawyers will review your case to see what options may be available to you.
Do You Have Grounds for a 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 have to 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
- Forceps Injuries
If your child has suffered any of the aforementioned injuries, do not hesitate to contact a birth injury lawyer. A birth injury attorney will review your case step by step to determine if your family is eligible to receive compensation.Our Birth Injury Lawyers Have Recovered Numerous Large Settlements in Infant Injury Cases
At Queller, Fisher, Washor, Fuchs & Kool, our firm has a history of recovering substantial compensation for families whose infant has suffered a birth injury. Some of our larger 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.
- A $4.5 million settlement for a child who was born with brain damage due to a physician's negligence. The mother entered the hospital in labor and was attached to a fetal monitoring strip. Despite ominous fetal monitoring tracings indicating that the fetus was in distress, the doctors failed to perform a timely C-Section. The delay in performing a C-Section caused the child to suffer hypoxia, resulting in profound brain damage.
- A $3.5 million settlement for the family of a young child who was born with brain damage. The child's mother was admitted to the emergency room of a community hospital while suffering severe bleeding during labor. The doctor's delayed in diagnosing that the mother suffered a placenta abruption. As a result, there was a delay in performing the necessary cesarean surgery, which caused the child to suffer an anoxic brain injury.
- A $5 million recovery for a woman who suffered paralysis due to a physician's malpractice. She was initially admitted to the emergency room in labor and suffering from high blood pressure. There was a delay in diagnosing the mother's condition as Pre-Eclampsia, which resulted in a cerebral vascular accident and hemorrhagic stroke. The stroke led to paralysis of the entire left side of her body.
- A $5.8 million recovery for an infant who suffered brain damage due to a doctor's negligence during the birthing process. During the delivery, the fetus was struggling to pass through the mother's birth canal. As a result, the physician used forceps to hasten the birth. The doctor, however, did not use caution while handling the forceps, which resulted in the fracturing of the infant's skull. The infant's fractured skull caused bleeding in the brain which resulted in profound brain damage.
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 medical malpractice attorney. At Queller, Fisher, Washor, Fuchs & Kool, our New York birth injury attorneys will review the medical records surround 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.
If you believe your infant may have suffered a birth-related injury, you may be entitled to compensation. To see if you have grounds for a medical malpractice lawsuit, call 212.406.1700 or contact us online for a free consultation. Queller, Fisher, Washor, Fuchs & Kool take all cases on a contingency-fee basis, meaning our clients will not be charged unless there is a monetary recovery.
- Birth Injuries FAQ
- Anoxic Hypoxic Encephalopathy
- Broken Bones During Delivery
- Cerebral Palsy
- Erbs Palsy Lawyers
- Failure to Induce
- Failure to Perform C Section
- Failure to Properly Monitor
- Forceps Injuries
- Intraventricular Hemorrhage
- New York Brain Damage Baby Lawyer
- Overuse of Pitocin
- Oxygen Deficiency