Queller, Fisher, Washor, Fuchs & Kool, L.L.P.

Brooklyn Birth Injury

An injury at birth is an occurrence that can define the lives of both the child and the parents. The parents are likely to suffer severe emotional trauma as a result of such an injury, especially if said injury was a result of negligence. We trust doctors with our lives and our newborns. This is, no doubt, a very serious responsibility with little room for error. There needs to exist some kind of accountability for doctors in this precarious arena. Which is why, if your child has suffered from a birth injury due to a medical practitioner’s negligence, you have the right to file a lawsuit against the responsible medical professional. In a lawsuit, the parents of an injured infant may be able to receive compensation for any damages they or their infant may have suffered. Damages refer to pain and suffering, emotional trauma, as well as any financial loss such as medical bills and continued visits to the doctor. At Queller, Fisher, Washor, Fuchs & Kool our Brooklyn birth injury attorneys have decades of experience in this particular legal arena and understand the sensitivities associated with this difficult time. If you choose us, our firm will pursue maximum compensation for your losses.

Did your child suffer an injury during the birthing process? If so, you may be eligible to receive compensation from the medical professional whose negligence caused the injury. For a free, no obligation consultation with our birth injury lawyers, give us a call at 212.406.1700 or contact us online.

Components of a Brooklyn Birth Injury Lawsuit

In order for the plaintiff to establish a valid claim, he or she must prove that the doctor acted negligently. In order to establish a medical professional's negligence, the plaintiff must be able to show that the doctor violated his or her duty of care. A duty of care is defined as the legal obligation an individual has to act with caution when engaging in activities that have the potential to be harmful to any other individual. The degree of care doctors are expected to exercise should be in line with what any other average physician in their specific field would have reasonably done given the same situation. Additionally, the plaintiff must prove that the negligence in question directly caused the birth injury and the occurrence of the birth injury gave rise to economic or noneconomic damages.

Birth Injuries Resulting From A Doctor's Negligence

The following birth injuries are among the most common our attorneys see that are the a result of a medical practitioner’s negligence:

  • Cerebral Palsy: Cerebral Palsy, can in certain cases, result due to negligence on behalf of the doctor, for example, by failing to properly monitor the fetus’ oxygen levels, thus causing hypoxia.
  • Erb’s Palsy: Erb’s Palsy is the result of an injury to the head or the shoulder of an infant during delivery. If the delivering doctor improperly used forceps or utilized excessive pulling, he or she might have acted negligently, causing Erb’s Palsy.
  • Brain Damage: Brain damage is often caused by the negligence of medical practitioners. It owes its occurrence to multiple factors, including, but not limited to, the improper use of forceps of vacuum, lack of oxygen or the umbilical cord being wrapped around the baby’ neck.
  • Failure to Order a Caesarian Section: It often happens that a child is too large to fit through the birthing canal upon delivery. In such cases, doctors customarily order a caesarian section. If the aforementioned circumstance was true and the doctor failed to order a caesarian section, resulting in the child suffering injuries during childbirth, the doctor can be said to have acted negligently.
How Can You Tell Whether or Not Your Child Has Suffered From A Birth Injury?

If an infant was born bluish, experienced a seizure in the first few months of life or was placed in the neonatal ICU shortly after birth, it could be an indication that they suffered a birth injury. However, given the difficulties associated with performing neurological scans on an infant as well as their young age in general, it can be years before the neurological disorders which result from birth injuries manifest themselves. Consequently, the statute of limitations in New York State, in regards to birth injuries is ten years. Parents who might think that their child suffered a birth injury due to negligence should immediately contact the law offices of Queller, Fisher, Washor, Fuchs & Kool. Our firm will review the medical records in an attempt to deduce whether a birth injury occurred. In the case that it cannot be said with certainty that a birth injury causing a neurological order occurred, we will retain the case for ten years and review the claim’s validity if there are any changes in the child’s neurological state.

Brooklyn Oxygen Deficiency Related Birth Injuries

A lack of oxygen at birth or during the pregnancy can have serious consequences for the infant. It can result in a number of issues such as Hypoxic-anoxic encephalopathy, Cerebral Palsy, and brain damage. In some serious cases, it might even result in the infant being stillborn. However, such complications can be avoided early on if the doctor and his or her respective team can spot the cause of the oxygen deficiency using a birth monitor. In light of such detection, a doctor may choose to perform a caesarian section in order to prevent the child from undergoing any adverse effects.

Common Causes of Oxygen Deficiency

Though they are uncommon, the following are certain causes that result in oxygen deficiency in the womb:

  • Compressed Umbilical Cord
  • Twisted Umbilical Cord
  • Meconium Aspiration
  • Too much time in the birth canal
  • Umbilical cord wrapped around the baby’s neck
What Are Your Options Following a Birth Injury?

An injury at birth, due to negligence, in addition the physical ramifications and the emotional trauma surrounding it, also places a certain amount of financial stress on the family involved. Birth injuries may result in high medical bills in the future due to reoccurring doctor’s visits and surgeries. Additionally, the birth injury might diminish the future earning potential of the child. Due to the fact that the birth injury is something the child has to live with for the rest of his or her life it is only just that the family be able to bring forth a lawsuit against the responsible negligent party for any monetary compensation for the damages sustained.

How Can the Birth Injury Lawyers at Queller, Fisher, Washor, Fuchs & Kool Help You?

At Queller, Fisher, Washor, Fuchs & Kool we have a history of securing successful verdicts and settlements for families whose infants have been the victims of birth injuries. Some of our largest 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.

At Queller, Fisher, Washor, Fuchs & Kool we have been successfully engaging in this arena of law for over fifty years. We understand the emotional and physical pain that is placed upon families who undergo these hardships. We wish to help alleviate the family’s pain by lessening their financial burden. Our law firm accepts cases on a contingent fees basis, that is there will be no charges unless and until a monetary recovery is made. In order to review whether or not you have the grounds for a medical malpractice case contact our office today at 212.406.1700 for a free consultation or contact us online.

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