New York Horner's Syndrome Injury
At Stephen Bilkis & Associates, PLLC, our New York Birth Injury Lawyer team understands that complications or a birth defect can occur because of a difficult childbirth. A difficult birth typically results from a large infant delivery and can lead to a birth injury, such as a brachial plexus injury or shoulder dystocia. In some cases of brachial plexus injury, certain conditions, as in Erb’s Palsy or Klumpke’s Palsy, can have lasting consequences. Each of these conditions is the result of nerve damage from the application of excessive force on an infant’s neck and shoulders during the birthing process. At times, the excessive force is strong enough to impact the sympathetic nervous system, which controls circulation and perspiration throughout the body. Our New York Horner’s Syndrome Injury Lawyer team has discovered Horner’s syndrome often accompanies a brachial plexus injury.Horner’s syndrome is an uncommon disorder caused by damage to the nerves that transmit signals from the brain to the face and eyes. In most cases, Horner’s syndrome impacts only one side of the face. According to the findings of our New York Horner’s Syndrome Injury Lawyer staff at Stephen Bilkis and Associates, PLLC, the common signs and symptoms of Horner’s syndrome include:
- Drooping upper eyelid
- Elevated upper eyelid
- Unequal pupil size
- Abnormal pupil dilation
- Decreased ability to perspire on the impacted facial side
- Facial flushing
An ObGyn mistake or the failure to diagnose a condition can cause a difficult birth and in turn, result in the application of excessive force to deliver the infant. The birth injury can have a lasting impact on your child’s well-being. If your child suffers from Horner’s syndrome resulting from Ob/Gyn errors or a doctor’s mistake, you may be entitled to pursue a medical malpractice claim.
Medical malpractice deals with the legal concept of negligence. In order to have a claim the following criteria must be met:
- The medical professional owed a duty to act reasonably and professionally under the circumstances.
- This duty of care was breached. This means that somehow, by either action or inaction, the person did not fulfill their obligation.
- There must be causation. This means that the doctor breached to duty of care and this contributed to the injury.
- Because of this breach, and injury occurred.
If your doctor or health care provider did not perform their duty or failed to act appropriately under the circumstances, you could have a cause of action. This area of law in New York is set out in NY CPLR 1411 (2012). It is important to note that this cause of action can be against your surgeon, doctor, nurse or healthcare provider. It can be anyone involved with your care in a medical setting, where they are in a position to “follow orders.” Columbia Med Center of Las Colinas v Bush 122 S.W. 3d 835 (Tex 2003).
Our New York Horner’s Syndrome Injury Lawyer group at Stephen Bilkis and Associates, PLLC can determine your rights to file a medical malpractice claim and fight for the monetary compensation you deserve. It is important however to act quickly. New York has very specific time deadlines within which you can file a claim.
In New York, the statute of limitations is just 2 ½ years, which is extremely short, particularly for failure to diagnose cases. Sometimes, the malpractice may not be discovered until much later. A recent case illustrates this point, Trimper v. Jones 2007 NY Slip Op 00905 [37 AD 3d 1154] The statute of limitations does not run from the date that it actually occurred, but rather from when it was discovered. For instance, a doctor misses a cancer diagnosis, and 3 year passes. The defendant then discovered that his medical problem all along was cancer, he does not have a malpractice action against the physician.
If your child is suffering from Horner’s syndrome, 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.