Common Types of Birth Injuries
Birth injuries can occur due to a number of medical errors or negligence during labor and delivery. Some common birth injuries include:
Common Maternal Injuries
Birth injuries don’t just affect the newborn child. The mother can also be injured during childbirth, often as a result of medical negligence. Examples of maternal injuries include:
Potential Causes of Birth Injuries
As alluded to, birth injuries can arise from a variety of factors, including the following:
- Medical Negligence: Negligent actions can include errors in diagnosis, treatment, or management of labor and delivery.
- Failure to Monitor Fetal Distress: Failing to recognize and respond to signs of fetal distress can result in oxygen deprivation and brain damage.
- Delayed C-Section: Delaying a Cesarean section when it’s medically necessary can increase the risk of birth injuries.
- Improper Use of Instruments: Incorrect use of forceps or vacuum extraction can injure the baby's head, neck, or spine.
- Shoulder Dystocia: This condition occurs when the baby's shoulder gets stuck during delivery. It can lead to brachial plexus injury, Erb's palsy, or other complications.
Healthcare professionals who are negligent in their duties or fail to adhere to the standard of care are vulnerable to legal action in the form of birth injury lawsuits.
What Is the Deadline for Filing a Birth Injury Claim in New York?
In New York, you generally have two and a half years from the date of the birth injury to file a claim. This is known as the statute of limitations. However, there are certain exceptions to this rule:
- If the injured child is under the age of 18, the statute of limitations is tolled (paused) until they turn 18.
- If the injury isn’t discovered until after the two-and-a-half-year period, you may have a limited amount of time to file a claim, depending on the circumstances.
It’s crucial to consult an experienced birth injury attorney as soon as possible to understand the specific deadline for filing a claim in your case.
What Are Some Common Signs of a Birth Injury?
The signs of a birth injury can be subtle or obvious and may not appear immediately after birth. Here are some potential indicators:
- Difficulty Feeding or Swallowing: The baby may struggle to latch, have difficulty sucking, or choke frequently.
- Muscle Weakness or Paralysis: One or both arms or legs may appear weak, floppy, or unresponsive.
- Seizures: Uncontrolled shaking or jerking movements may occur periodically.
- Developmental Delays: The baby may have difficulty reaching milestones like rolling over, sitting up, or crawling at the expected age.
- Learning Disabilities: The child may have difficulty with language development, understanding instructions, or focusing in school.
- Cerebral Palsy: This condition can manifest in various ways, including spasticity, muscle weakness, and trouble with balance and coordination.
If you notice any of these issues in your child shortly after birth, contact your doctor right away, followed by a qualified birth injury attorney.
What Should I Do If I Suspect My Child Has a Birth Injury?
If you have any concerns about your child's health or development, seek medical attention immediately. Discuss your concerns with your physician and request a thorough evaluation. Request copies of all medical records related to your child's birth and any subsequent medical care.
Once you’ve talked to your doctor, share your concerns with an attorney to understand your legal options. They can help you navigate the medical system and protect your rights.
What’s the Difference Between Medical Malpractice and Medical Negligence?
Medical negligence is a broad term that encompasses any type of mistake or error of judgment a medical professional makes. By contrast, medical malpractice is a specific type of medical negligence that occurs when a healthcare professional fails to meet the accepted standard of care. Essentially, medical malpractice is a subset of medical negligence.
What Types of Damages Can I Recover in a Birth Injury Case?
The damages you can recover in a birth injury case depend on the severity of the injury and the long-term impact on your child's life. Here are some of the types of damages that are frequently awarded in these cases:
- Medical Expenses: Includes past, present, and future medical costs, such as hospital bills, doctor visits, therapy, medication, and assistive devices.
- Ongoing Medical Costs: Covers the costs of continued medical care, such as therapy, medication, and assistive devices.
- Lost Wages: Allows you to recover forfeited wages if a maternal injury prevents you from working in the future.
- Pain and Suffering: Reflects the physical and emotional pain and suffering your child has endured as a result of the injury.
- Emotional Distress: Accounts for the emotional distress experienced by the child and their family.
- Loss of Companionship: Acknowledges the loss of enjoyment of life and the inability to participate in activities that the child would have enjoyed.
In the tragic event of a death due to a birth injury, you may be able to file a wrongful death claim to recover damages for the loss of your child's life.
How Much Does It Cost to Hire a New York Birth Injury Attorney?
The attorneys at Fellows Hymowitz Rice work on a contingency fee basis. That means we only get paid if we successfully obtain a settlement or verdict in your case. We’ll claim a percentage of your total recovery, so you don't have to worry about paying hourly fees or upfront costs.
What If You Don't Have Health Insurance?
Even if you don't have health insurance, you may still be able to recover compensation for your child's medical expenses. Our firm will work with you to explore all available options, including negotiating with hospitals and medical providers and looking into government assistance programs.
How a Birth Injury Attorney Can Help You
A birth injury attorney from Fellows Hymowitz Rice can be a valuable ally when you’re attempting to navigate the legal system and ensure that you and your family receive the compensation and support you deserve. Here's how we can help:
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