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

Staten Island Birth Injury

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 birth injuries:

  • 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 sustained.

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 Section delivery.

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.

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