Hiring a Birth Injury Attorney
Engaging a New York birth injuries attorney is the best way to ensure your family receives the compensation they are entitled to. These lawyers are well-versed in medical malpractice laws and procedures. They also conduct a thorough investigation and consult with experts.
They identify and hold accountable medical professionals who did not adhere to the accepted standards of medical care. They collect the necessary medical records to prove negligence and medical malpractice.
Birth Injuries and Causes
Depending on the conditions and circumstances surrounding pregnancy and birth infants can be afflicted with a variety of physical birth injuries. These injuries may be due to fetal health issues, maternal health problems or external causes. The injuries may be mild, requiring minimal treatment or severe with long-term effects on the child.
Many newborns may experience small swelling or bruising as a result of the pressure they experience during the birthing process. The skin of a newborn could be damaged by tools that are used during the delivery process, such as vacuum extractors or forceps. This can include abrasions around the forehead and eyes during face-first deliveries or on the genitals after the breech is born.
Other serious birth injuries can result from excessive force or the use of force during labor and delivery. These conditions can result in various issues, including skull fractures and brain injuries that are traumatic (TBI). TBI can cause cerebral seizures, paralysis, or palsy, and other neurological disorders.
This happens when a midwife or doctor overstretches the brachialplexus, a nerve system that run down the arm. The pulling of the neck and shoulder to accelerate a slow delivery or during a difficult labor can strain these nerves and cause Erb's palsy or arm paralysis. This kind of birth injury is more likely to occur in larger infants, or those born with a breech position or during a long and complicated labor.
Another grave birth injury is spinal cord trauma. This can be caused by excessive pulling or twisting during labor and delivery. This is especially the case when a doctor makes a mistake using the forceps, vacuum extractor or other tools. This can cause the spinal cord to be compressed, which affects motor skills balance and coordination and even control of bladder and bowel.
These birth injuries can have a a significant and often irreparable impact on the quality of life of the child. A lawsuit could help families pay for treatments, therapies and specialized equipment to minimize the effects of these injuries. It also covers other related expenses, such as caregivers, to ensure that children have the best possible chance at having a healthy, happy and happy life.
Premature Delivery
Medical negligence during labor, birth and pregnancy is a frequent cause of birth injuries. While some are inevitable but a large portion of them could be avoided with adequate prenatal care and attentive medical practices during labor and delivery. However, doctors and hospital staff are human, and often make mistakes. If their mistakes cause a birth injury or death, the family could be entitled to compensation.
A birth injury lawyer would review the case to determine if there is a basis for a lawsuit. They will also look over medical records and consult with experts to determine the circumstances that led to the birth. The lawyer will take into account how the injuries affected the child as well as his or parents, as well the financial ramifications of the injury.
The first step in a birth injury case is to prove that the doctor breached the duty of care. This is generally accomplished by proving that the doctor was negligent in their prenatal care or labor and delivery methods. For example the doctor could have failed to properly assess the condition of the mother or the baby's heart rate. They could have applied excessive pressure during the birthing process or missed warning signs that indicated an issue with oxygen flow to the brain of the baby.
If a doctor does not fulfill their duty of care, it can have devastating consequences. For instance, a premature birth can cause serious health problems for the baby, such as brain damage or severe hypertension in the lungs. This may require long-term medical treatment and can result in a lifetime of disability and loss of income.
A premature birth is one that occurs prior to 37 weeks of gestation, which is the average length of a normal pregnancy. It can be caused by a number of factors, including an infection of the amniotic fluid or uterine fluid and severe preeclampsia, or eclampsia within the mother, complications of the cervix, such as placenta previa and a prior history of miscarriage.
The earlier the birth is, the more serious health issues are for the baby. They are more prone to die or develop disabilities like cerebral palsy, hearing and vision issues, and developmental delay. They also are at an increased risk of contracting infections and respiratory disorders like pneumonia. The risk of complications increases when the baby is born earlier when the baby is born and the smaller their birth weight.
birth injury attorney , nurses, midwives and other medical professionals need to be aware of the fetal appearance and position during prenatal visits. This can be done via ultrasound or physical examination. Certain fetal positions and displays are dangerous, and if not identified and properly managed during labor and birth, they could result in birth trauma and complications such as hypoxic-ischemic neuropathy (HIE). Failure to recognize and treat unsafe fetal positions or presentations is a form of medical malpractice and could lead to a lawsuit for birth injuries against the negligent obstetrics professional.
Vertex, also known as head first is the most popular position for normal delivery. This is the most preferred position for vaginal birth because the baby can enter the birth canal through the occiput or forehead. The fetus in the "sunny side up" or the occiput posterior position poses more challenges for vaginal delivery. This is due to the fact that the neck isn't bent and the head must be larger than normal in order to be able to pass through. This can result in prolonged or even stopped labor, the necessity for an operative vaginal or cesarean delivery, and an increased chance of complications, such as brain damage and birth trauma.
Breech presentation is a common abnormal position for delivery. When a baby shows buttocks first, it's called a frank breech; when one leg is tucked under the other it is called the footling breech. This is more difficult to deliver than the head-first, vertex, position and can increase the chance of complications such as an extended or prolonged labor, and the need for an operative vaginal delivery or an emergency cesarean section.
Other abnormal delivery positions are sideways or transverse as well as a hands-and feet presentation where the buttocks come in first, or the feet enter first. These types of positions are less common and more difficult to deliver. They also increase the risk of complications, including a prolonged labor or an abrupt stop in labor. The external cephalic posture can be used by a physician to try and move the baby into a better position. This involves pressing the stomach of the mother. But, this is a risky procedure that should only be used only when absolutely needed.
Birth Trauma
Birthing a child is both thrilling and terrifying. Some mothers and their babies may experience traumatic experiences during birth that can cause serious physical and psychological injuries. These injuries can have long-lasting negative impacts on a woman's life, and may sometimes lead to Post Traumatic Stress Disorder (PTSD).
A birth injury lawyer can assist families in obtaining financial compensation for the damages. They can handle all communication with insurance companies and hospitals on your behalf and ensure that you meet all legal deadlines. They will also seek expert testimony, retrieve medical records and collect other evidence to strengthen your case. A top-rated birth injury lawyer will be on a contingency fee basis, which means that you don't need to pay upfront for anything.
The risk of injury can be present during the labor and birth process, or afterward. A lot of these injuries can be avoided if medical professionals uphold their standards of care. A nurse or doctor who fails to do so could be held liable for negligence.
Birth trauma is a complex issue and is based on how an individual perceives their own experiences. Experts believe that PTSD triggered by birth may include feelings of distress and despair, as well as an absence of support. It can also trigger past traumas that a person has experienced in the past. For instance women who suffered sexual abuse as a child is more likely to consider her birth experience traumatic.
A traumatic birth injury could cause permanent brain damage, including cerebral palsy and other neurological conditions. These injuries are most common when labors are accompanied by excessive medical interventions or when the mother has C-sections. Birth trauma is usually found in the head, neck and shoulders.
It is essential to speak with a birth injury lawyer as soon as you can. These lawyers have the experience needed to build a strong case that proves your child's birth injury was the result of the negligence of a healthcare professional. They can assist you to obtain the most favorable outcome for your case by pursuing maximum compensation, including the loss of your family and future needs.