August 26, 2024
Unfortunately, birth injuries are one of the most common types of medical malpractice claims that can occur. These injuries that a newborn or mother sustain during birth can cause lifelong disabilities or complications.
However, an injury during birth doesn’t necessarily mean that you have a birth injury claim. If you believe you or your child have been a victim of medical malpractice while giving birth, these claims can be incredibly difficult and expensive for the claimant to pursue. It’s critical to have the matter reviewed by an attorney experienced in this type of case.
What Is A Birth Injury?
A birth injury refers to any trauma or harm that an infant or mother suffers during the birthing process. These injuries can range from mild, temporary issues to severe, lifelong disabilities. They may be caused by a variety of factors including, but not limited to:
- Lack of oxygen to the baby (hypoxia or anoxia)
- Physical trauma during birth
- Medical mismanagement of childbirth complications
- Improper use of delivery tools like forceps or vacuum
- Delayed C-section
- Mismanagement of pregnancy-related conditions
Any of the negligent acts can quickly lead to a birth injury. However, these acts of negligence may not be immediately obvious to first-time parents as they are likely not trained medical professionals.
If you suspect that medical malpractice has led to your or your child’s birth injury, a personal injury attorney will be able to help you access your incident to determine if a birth injury claim can be filed.
Common Birth Injuries For Children
Newborns are in an extremely vulnerable state when they are being delivered. The birthing process must not be rushed and should proceed with as few complications as possible. It’s the responsibility of the medical professionals to ensure the mother and child are cared for at all times and injuries must be avoided if possible. When medical professionals act carelessly or dangerously, the following injuries can occur to the infant:
- Cerebral Palsy
- Erb’s Palsy
- Brain Damage
- Brachial Plexus Injuries
- Bone Fractures
- Hypoxic Ischemic Encephalopathy (HIE)
- Newborn Jaundice
- Kernicterus
- Newborn Cephalohematoma
- Asphyxia
- Spinal Cord Damage
These types of injuries sustained at such an early age can cause health issues and disabilities that can affect the child throughout their life.
Common Birth injuries for Mothers
While cases involving injuries to the newborn can be more common, the mother can also sustain a birth injury as a result of medical malpractice. Some common injuries can include:
- Nerve damage
- Vaginal and perineal tears
- Post-partum hemorrhaging
- Broken bones in the pelvic area
- Uterine rupture
- Uterine inversion
- Pelvic organ prolapse
These types of injuries can cause serious harm to the mother resulting in additional medical bills, pain and suffering, inability to return to work, or disfigurement.
Recognizing Medical Negligence
For a birth injury claim to be valid, it must be established that the injury was caused by medical negligence. This means that a healthcare professional failed to adhere to the accepted standard of medical care, and as a result, caused injury to the child. Establishing medical negligence can be complex, involving extensive medical record reviews, expert witness testimonies, and an in-depth understanding of healthcare regulations and practices.
When exploring the possibility of a birth injury claim, consider the following questions:
- Were there any unusual or unreasonable delays in responding to fetal distress?
- Was there adequate monitoring of the baby’s heart rate and oxygen levels?
- Were you properly informed about all the risks associated with your labor and delivery options?
- Did the healthcare professionals follow the standard protocol for your specific situation?
- Were there any avoidable errors made during labor and delivery, such as improper use of delivery tools?
If you suspect that your child’s birth injury was due to medical negligence, it’s crucial to speak with an experienced birth injury lawyer who can help you navigate the legal process and advocate for you or your newborn’s rights.
What Damages Can Be Recovered In A Birth Injury Claim?
While some birth injuries are able to heal with proper treatment and time, many will have life-changing ramifications. Many children born with serious birth injuries can face disabilities, chronic pain or development issues which affect their day-to-day lives. Likewise, mothers who suffer from birth injury complications can experience similar side effects.
Although each case is different, some typical damages that can be recovered from a birth injury case are as follows:
- All past and future medical expenses
- Assistive equipment or at-home care costs
- Reduced earning capacity for parents who are unable to work due to said injury
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Disfigurement or scarring
If an act of negligence by an OBGYN, nurse, or other medical provider has caused you or your child’s injuries, you should not hesitate to pursue a claim against the medical provider responsible for it.
The Steps to File a Birth Injury Claim
If you believe you have grounds for a birth injury claim, there are several steps you need to take. These include:
- Collecting Medical Records: Gather all medical records related to the pregnancy, labor, delivery, and postnatal care of both mother and child. These documents will be vital in building your case.
- Documenting the Injury: Keep records of your child’s diagnoses, treatments, and progress, as well as any photographs or videos that show the extent of the injury.
- Consulting With a Birth Injury Lawyer: An attorney who specializes in birth injury cases can provide invaluable guidance, help you understand your legal options, and work to secure fair compensation for your child’s injury.
- Filing a Lawsuit: Your birth injury lawyer will file a lawsuit on your behalf, beginning the legal process to seek compensation for medical expenses, ongoing care costs, pain and suffering, and other damages.
- Pursuing a Settlement or Going to Trial: Many birth injury cases are settled out of court. However, if a fair settlement cannot be reached, your lawyer will be prepared to take your case to trial.
Statutes of Limitations For A Birth Injury Claim
In order to file a birth injury claim in New York State, the claimant must first meet a certain set of criteria. In New York, a birth injury is considered medical malpractice and will also fall under the same statute of limitations to file a claim, two and a half years (or 30 months) from the date that negligence occurred.
If your claim falls within the 30 month statute of limitations, the following criteria must be met:
- A medical professional, such as a doctor, nurse, or other medical practitioner, had a duty of care to you and your infant.
- That professional acted negligently.
- The act of negligence caused you or your child’s injury.
- The birth injury resulted in financial or personal losses for your family.
If you are able to prove all four elements, then you are able to advocate for full compensation for your or your child’s injuries and the associated costs.
Choosing the Right Birth Injury Lawyer
If you or your child has been injured due to a medical professional’s negligence, do not wait to get in contact with an experienced medical malpractice attorney who is familiar with birth injuries. A good attorney will be able to assess your claim and determine whether or not you have a valid claim in New York. Filing a medical malpractice claim can be a stressful, time consuming and expensive process, so a knowledgeable attorney will not want you to spend the time, finances and energy pursuing a claim if it is not valid.
If you do have a valid medical malpractice claim against a medical provider, your attorney will be able to handle the intricacies of your case while you focus on healing or tending to you or your child’s injuries. From investigating your case, reviewing medical records, to working directly with the insurance company, an experienced attorney will work tirelessly to ensure that your family receives fair compensation for the injuries you or your child have sustained.
Cellino Law Can Help
If you believe your child has suffered from a birth injury due to medical negligence, don’t wait to take action. At Cellino Law, we understand the profound impact these injuries have on families, and our compassionate team is committed to fighting for your rights.
For a free case evaluation, contact the attorneys at Cellino Law at 888-888-8888 as soon as possible after the injury occurs. Our team of legal professionals are available 24/7 to help answer any questions you may have.
Content checked by the personal injury attorney Ross Cellino. As a family man and a trial attorney, I pride myself on winning cases and serving the community. With over 35 years of experience, I understand the function of a jury, how juries arrive at conclusions, and the role that the jury plays in administering justice. I know how to win cases. You can find us in Manhattan, Buffalo, Melville, Rochester, Brooklyn, The Bronx, Queens and other locations throughout New York.