Although it is not what an expectant parent would want to hear, it is fairly common for a baby to suffer from a minor injury during the birthing process. A birth injury is any physical injury that occurs to an infant or to the mother during delivery. Most often, this injury takes the form of bruising. However, there are many cases involving severe injury and tragically, wrongful death. At Stephen Bilkis & Associates, PLLC, our experienced New York Birth Injury Lawyer staff has discovered that in cases of a more severe birth injury, such as a brain injury or spinal injury, the injury could have been prevented with appropriate medical intervention and medical care. If you or your baby is suffering from an injury that occurred during the birth process, contact our New York Birth Injury Lawyer staff to discuss filing a medical malpractice claim.
Brain InjuriesIn some severe cases of birth injury, a newborn may suffer from a brain injury. This is an injury that ranges in severity, such as a minor skull fracture or possible a more severe subdural hematoma. Although some brain injuries only require moderate medical attention, other cases can lead to a lifetime of medical involvement.
There are many ways a child can suffer a brain injury at birth, some of the most commonly seen include:
Asphyxia (Lack of Oxygen): Oxygen deprivation occurs in 1 out of every 1,000 births. When a child is born, there is only a small window of time where the child must breathe on their own. Just a few minutes without oxygen can cause a lifelong injury.
Jaundice: Jaundice occurs when a baby has an excessive amount of bilirubin in their bloodstream. If left untreated, the amount of bilirubin can increase to dangerous levels. This condition is called kernicterus. This is a form of brain damage that marked by high pitched screaming, high fever and abnormal arching of the back.
Physical Trauma InjuryThe University of California, San Francisco (UCSF) School of Medicine reports that brain injuries at birth are the leading cause of intellectual disabilities and cerebral palsy in the US.
During delivery, there is the potential for a myriad of things to go wrong. Physicians often use tools (forceps and vacuums) to assist in the birth. When these aren’t used correctly, a brain injury can result.
Our New York Brain Injury Lawyer staff can help you determine the potential consequences of a brain injury. The consequences can take the form of outrageous medical bills, lost wages and mental anguish, as well as other damages. Specific rules governing damages that have occurred as a result of medical malpractice are found in NY CPLR 1411 (2012).
Brain Injury LawsuitsIn most, if not all, birth injury cases, negligence or carelessness caused the injury. If a doctor’s error, nursing error or an OBGYN mistake caused your child’s injury, contact our staff to discuss how to hold the medical provider liable for the actions. A health care provider is legally responsible for their actions or lack of actions in any medical setting, including the delivery of a baby. Negligence laws for the State of New York are generally covered in Civ. Prac. L&R 1411 et seq. It is is important to speak with a lawyer from our staff to see if your case meets the legal elements involved.
In 2013, the New York Daily News reported that $131 million dollars was paid out in medical malpractice settlements. The majority of these were due to catastrophic birth injuries. In addition to these, there have been several high profile cases involving birth injuries which include:
$25 Million Award: A family from Brooklyn, NY received $25 million from New York Methodist Hospital for negligently releasing a newborn who was suffering from jaundice. Because of this, the child suffered severe brain damage.
$75 Million Award: A New York woman received $77.4 million for her child who suffered from seizures, blindness, cerebral palsy and other severe disabilities. This injuries were as a result of a botched delivery at St. John’s Riverside Hospital.
$130 Million Award: In the second largest medical malpractice award in New York history, a child suffered a brachial plexus injury at Orange Regional Medical Center.
If your child is suffering from a brain injury, head injury or other brain damage, caused by the negligence of a healthcare provider, contact our New York Injury Lawyer group at Stephen Bilkis & Associates, PLLC to schedule an appointment for a free consultation. We are experienced in many injury claims, including spinal injury, misdiagnosis, wrong surgery site, wrongful death, pediatric error, hospital mistake, failure to diagnose, brain contusion, broken bones and much more. Please call us at 800.696.9529 FREE, online or contact one of our New York City offices in Manhattan, Staten Island, Queens, the Bronx or Brooklyn, our New York office in Westchester County or one of our Long Island offices in Nassau County or Suffolk County.