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Birth Injury FAQ

Q: What is the definition of a birth injury?

A: This is an injury that an infant or mother sustains during labor or delivery. A birth injury is more common in a complicated delivery.

Q: What causes a birth injury?

A: Some types of birth injury may arise from genetics, alcohol or drug use. However, most types of birth injury arise from medical negligence in the form of excessive force during delivery, misdiagnosis, improper training or carelessness.

Q: What are the most common types of birth injury?

A: The most common types of birth injury include cerebral palsy, Klumpke’s palsy, Erb’s palsy, mental retardation, brachial plexus injury and brain damage.

Q: How often does a birth injury occur?

A: On average, one out of every 200 infants is born with some type of birth injury.

Q: Is every birth injury permanent?

A: Most types of birth injury are not permanent. Many birth-related injuries heal within a short amount of time. Unfortunately, some types of birth injury like cerebral palsy and brachial plexus injury are permanent.

Q: What is a brachial plexus injury?

A: A brachial plexus injury is paralysis of the arm, shoulder and hand caused by nerve damage. The injury is a result of the administration of excess pressure on the head and shoulder.

Q: What is cerebral palsy?

A: Cerebral palsy is a brain disorder which hinders motor function, depth perception, cognition, sensation and communication. Cerebral palsy results from trauma or a lack of oxygen during pregnancy or delivery.

Q: Who is responsible if my child suffers from a birth injury?

A: It can be complicated to determine who is responsible for a birth injury. You have to prove whether or not the birth injury is the result of medical malpractice or a genetic condition. In medical malpractice cases or obstetrical malpractice claims, the doctor can be held legally liable for their actions.

Q: What is medical malpractice?

A: Medical malpractice is carelessness, negligence or recklessness by a medical professional resulting in injury to the patient. In most cases, medical malpractice arises from the failure to provide the standard of care by a medical professional.

Q: Is there a time limit to file a medical malpractice claim?

A: Typically, there is a two year statute of limitations to file a medical malpractice claim. In some instances, there are exceptions to the statute of limitations. If your child is suffering from a birth injury, it is imperative to contact the New York Birth Injury Lawyer team at Stephen Bilkis and Associates, PLLC to protect your rights to file a medical malpractice claim.

Q: Can I receive compensation for a birth injury?

A: You may be entitled to monetary compensation for medical expenses, lost wages, loss of future earnings, future medical expenses, emotional trauma and pain and suffering.

Q: Is it necessary to retain a birth injury lawyer?

A: A birth injury claim is complex and time-consuming. A birth injury attorney will investigate the claim, review medical records and retain experts to prove liability and litigate the claim.

If your child is suffering from a birth injury, contact our experienced New York Birth Injury Lawyer staff at Stephen Bilkis and Associates, PLLC. Please call us at 800.696.9529, 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.