New York Birth Defect
Our New York Birth Defect Injury Lawyer team at Stephen Bilkis and Associates, PLLC has learned that approximately three percent of all newborns suffer from a birth defect, despite increased nutrition, readily available prenatal care and a high degree of medical technology. According to the research of our New York Birth Injury Lawyer staff, a birth defect causes an average of twenty percent of infant fatalities. In the United States, it is the number one cause of infant death. A birth defect can result in childhood disease and long-term disability.
In some instances, a birth defect occurs during pregnancy while the infant’s organs are developing. Our New York Birth Defect Injury Lawyer group at Stephen Bilkis and Associates, PLLC has found numerous environmental factors, such as alcohol consumption and smoking, may negatively affect child development. A birth defect injury can also occur due to an act of medical malpractice. For example, a doctor’s error or an Ob/Gyn mistake can lead to a difficult birth and the use of excessive force to deliver the infant.
According to the findings of our New York Birth Defect Lawyer team, a birth defect may arise from many different causes, such as a delayed Cesarean section, placental abruption, breech delivery, failure to diagnose fetal distress and medical negligence. Generally New York’s negligence laws are governed by Civ. Prac. L & R 1411 et seq.
The most detrimental birth defect results in intracranial hemorrhage or anoxic brain injury, both of which may cause mental retardation or irreversible brain injury. Our New York Birth Defect Injury Lawyer staff at Stephen Bilkis and Associates, PLLC has discovered a bone fracture is among the most common forms of a birth defect, along with:
In a difficult delivery, it is often necessary for an obstetrician to use vacuum extraction or forceps or perform a cesarean section to aid in the delivery of the infant. The improper use of these devices or a complication during surgery may result in a birth defect. If excessive force is applied with forceps or vacuum extraction, the infant can suffer from a skull fracture or subdural hematoma. Another Ob/Gyn error can occur if the obstetrician fails to recognize a prolapsed umbilical cord, resulting in a lack of oxygen and possibly causing the infant an anoxic brain injury.
These issues deal with an area of law known as medical malpractice. In order to have a medical malpractice claim, the following criteria must be present.
Doctor Patient Relationship: There must have been a doctor patient relationship at the time the injury occurred.
The Doctor Was Negligent: In order to have a case, it must be proven that the doctor’s actions or inactions caused the harm. The doctor’s care must be deemed reasonably skilled and careful. Most states require that in order to bring a malpractice claim, the plaintiff must bring a medical expert to court to testify about the appropriate standard of care and how the doctor did not uphold this standard.
The Negligence Caused the Injury: It must be proven that “more likely than not” the doctor’s action caused the injury.
The Injury Caused Damages: The defendant must prove that the harm suffered by the victim caused actual damage.
If you have a claim, it is important to take prompt action. Every state has their own specific filing deadlines that must be followed. Generally, a medical malpractice claim must be filed within 2 ½ years of the date of the injury.A birth defect can result in long-term disability, expensive medical treatment, physical therapy and special education requirements. In most cases, a birth defect hinders a child’s ability to care for their self or lead a normal life. The victim of a birth defect is often entitled to file a medical malpractice claim and recover damages for medical expenses, loss of future earnings, life-long medical care and pain and suffering.
If your child suffers from the effects of a birth defect as a result of medical malpractice, it is imperative to contact the New York Birth Defect Injury Lawyer team at Stephen Bilkis and Associates, PLLC to protect your rights and pursue monetary compensation for your child’s injury. It is important to know that there are strict time deadlines for filing a medical negligence claim in New York. These time limitations are governed by New York’s Practice and Law Rules section 214-a.
If your child is suffering from a birth defect, contact our New York Injury Lawyer team at Stephen Bilkis and Associates, PLLC. Please call us at 800.696.9529 FREE, online or contact one of our offices in New York in New York City, Queens, Brooklyn, Manhattan, the Bronx or Staten Island, in Long Island in Nassau County or Suffolk County or in Westchester County for a free case evaluation.