Hiring a Birth Injury Attorney
The best way to ensure your family receives the financial compensation it deserves is to hire an New York birth injury attorney. These lawyers are knowledgeable about medical malpractice laws and procedures and conduct a thorough investigation of the case, collaborating with experts.
They find and hold accountable medical professionals who violated the accepted standards of care. They collect the necessary medical documents to prove negligence and medical malpractice.
Causes of Birth Injuries
Infants can sustain a variety of injuries upon birth based on the situation and circumstances that surround pregnancy and birth. These injuries could be caused by maternal health problems or external factors. These injuries may be minor and not require any treatment, or they could be severe and have long-term impacts on the child's development.
Many newborns can have minor swelling or bruising a result of the pressure they feel during the birthing process. Instruments used during birth such as forceps and vacuum extractors, may harm the skin of the baby. This could include abrasions on the eyes and forehead during face-first birth or on the genitals when the breech is born.
Other serious birth injuries can result from excessive force or the use of force during labor and birth. These conditions can cause various problems that include skull fractures as well as trauma to the brain (TBI). TBI can cause cerebral palsy, as well as other neurological disorders.
This happens when a midwife or doctor causes excessive stretching of the brachial plexus, which is a set of nerves that run along the arm. The pulling of the shoulder and neck in order to accelerate a slow delivery or during a difficult labor can strain these nerves and cause Erb's Palsy, arm paralysis. This type of birth injury is more likely to happen in large infants, or those born in a breech-position or during a lengthy and complex labor.
Spinal cord trauma is another serious birth injury. It can be caused by excessive twisting or pulling during labor and birth. This is especially true when a doctor uses a vacuum extractor, forceps or other tools. This could cause the spinal cord to be compressed, which affects motor skills balance and coordination and even bladder and bowel control.
These serious birth injuries can lead to severe and often irreparable consequences on a child's quality of life. A lawsuit can assist families with medical treatments as well as therapies and equipment that can help reduce the negative effects of these injuries. It can also pay for other related expenses, like caregivers, to ensure that children have the best possible chance at living a happy, healthy life.
Premature Delivery
Medical negligence during the delivery, labor and pregnancy is a frequent cause of birth injuries. While many of them are unavoidable, a significant percentage of them could be prevented by taking care of your prenatal needs and a keen eye on medical practices during labor and delivery. However doctors and hospital staff are human, and sometimes make mistakes. Families may be entitled compensation for errors that result in birth injuries.
A birth injury lawyer near me injury will review the case to determine if there is a basis for a lawsuit. They will also examine medical records and talk to experts to understand the medical circumstances surrounding the birth. The attorney will also consider how the injury attorney lawyer affected the child and his or parents, as well the financial ramifications of the Injury Claim Lawyer.
The first step in a birth injury case is to establish that the doctor acted in breach of the duty of care. This is usually done by showing that the doctor was negligent in their prenatal care or labor and delivery methods. The doctor may not have monitored the mother's health, or the baby's pulse rate, for example. They could have applied excessive pressure during the birth process, or missed signs that suggested an issue with oxygen flow to the brain of the baby.
If a doctor is unable to meet their duty of care, it could have devastating consequences. For instance, a premature birth can lead to serious health issues for the baby, such as brain damage or severe hypertension in the lungs. This can lead to long-term medical treatments and a lifetime of disability.
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 variety of reasons, including an infection of the amniotic fluid in the uterus or a condition in the mother like severe preeclampsia or eclampsia, complications of the cervix, such as placenta previa, or a history of a previous miscarriage or an abortion.
The health of the infant is more likely to be affected by premature birth. They are more likely to die or develop disabilities such as cerebral palsy problems with vision and hearing and delays in development. They are also more prone to respiratory illnesses and infections, such as pneumonia. The risk of complications increases when the baby is born earlier the baby is born, and with the lower their birth weight.
Abnormal Delivery Positions
Doctors, nurses, midwives and other medical professionals must be aware of the fetal position and presentation during prenatal visits. This can be accomplished via ultrasound or physical examination. Certain fetal positions and displays can be risky, and if they are not spotted and properly managed during labor and birth, they could cause birth injuries and complications like hypoxic-ischemic neuropathy (HIE). Failure to recognize and treat dangerous fetal positions or presentations is deemed medical malpractice that could result in a lawsuit for birth injuries against the negligent obstetrics professional.
The most commonly used delivery position is vertex or head-first. This is considered the best position for vaginal delivery since it allows the baby to enter the birth canal through its occiput, or forehead. The fetus in the "sunny side up" or the occiput posterior position poses more challenges for vaginal delivery. This is because the neck isn't flexed and the head must be larger than normal for it to pass through. This can result in prolonged or stopped labor, the necessity for a vaginal or cesarean birth, and an increased chance of complications like brain damage and birth trauma.
Breech presentation is an extremely common unusual position for delivery. If a baby is able to show buttocks first, it's called a frank breech; when one leg is tucked under the other it is called a footling breech. This is more difficult to deliver than the head-first, vertex, position and can increase the chance of complications, including an extended or prolonged labor and the necessity for operative vaginal delivery or a cesarean delivery.
Other unusual delivery positions include sideways or transverse as well as a hands-and feet presentation in which the buttocks are entered 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 position could be used by a doctor to try and get the baby in a more comfortable position. This is done by pressing the stomach of the mother. But, this is a risky technique which should only be done when absolutely required.
Birth Trauma
The birth of a child can be thrilling and terrifying. However there are mothers and their infants go through traumatizing events during the birth process that can cause significant physical and psychological injuries. These injuries can have a negative effect on a woman for a long time and may even cause Post Traumatic Stress Disorder.
An attorney for birth injuries can assist families in obtaining an amount of money to compensate 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 gather evidence, such as medical documents, expert testimony and other evidence. The top birth injury lawyers work on contingency fees and you won't have to pay upfront costs.
Injuries can occur during the labor and delivery process, or afterward. Many of these injuries can be avoided if medical professionals uphold their standards of care. A doctor or nurse who fails to follow these guidelines could be held accountable for negligence.
Birth trauma is a tangled topic, and it is based on an individual's perception of their personal experiences. Experts believe that PTSD triggered by birth may include feelings of distress and despair, as well as the feeling of being unsupported. It may also trigger past traumas from the past of an individual. A woman who experienced sexual trauma as a child might feel that her birth experience was more traumatizing.
A birth injury that is traumatizing could cause permanent brain damage, which can include cerebral palsy as well as other neurological conditions. These types of injuries typically occur during a birth that requires a lot of medical interventions or when the mother is forced to undergo a cesarean section. Birth trauma is most commonly seen in the head, neck and shoulders.
It is essential to speak with a birth injury lawyer injury as soon as you can. They have the experience to create a convincing case that proves that the negligence of a healthcare professional caused your child's birth injuries. They can help you get the best injury lawyer near me possible result in your case, including the financial compensation you'll need for your family's future needs and losses.