New York Intracranial Hemorrhage Birth Injury Lawyer
In a typical infant delivery, the head emerges first and encounters a tremendous amount of pressure as it passes through the birth canal. In most cases, the pressure will cause an average amount of swelling and bruising to appear. This bruising and swelling usually disappears within a couple of days without medical intervention. At times, the delivery becomes complicated, as in the delivery of an overly large fetus or abnormally small birth canal, and requires the obstetrician to utilize a vacuum extractor or forceps to aid in delivery. Our New York Birth Injury Lawyer team at Stephen Bilkis and Associates, PLLC has learned, if not proper utilized, a vacuum extractor or forceps can result in numerous forms of birth injury, such as intracranial hemorrhage or skull fracture.
An intracranial hemorrhage is bleeding within the skull. There are numerous types of intracranial hemorrhage, such as epidural hematoma and subdural hematoma, which can create a significant medical emergency. Our New York Intracranial Hemorrhage Lawyer staff has discovered an intracranial hemorrhage can result in an increased intracranial pressure. The increased pressure can compress the brain and cause irreversible brain damage or even wrongful death.
According to our New York Intracranial Hemorrhage Lawyer group at Stephen Bilkis and Associates, PLLC, the signs and symptoms of an intracranial hemorrhage include nausea, along with:
- Gradually increasing headache
- Sudden onset of severe headache
- Focal neurological deficit
- Focal numbness
Our New York Intracranial Hemorrhage Lawyer team at Stephen Bilkis and Associates, PLLC has learned the most commonly occurring form of intracranial hemorrhage is a subarachnoid hemorrhage and can cause fetal seizures within days following birth. All infants suffering from intracranial hemorrhage receive supportive measures, such as intravenous fluids. In severe cases, the injury may require surgical intervention.
An intracranial hemorrhage may occur due to labor and delivery negligence or an Ob/Gyn error. If a medical professional fails to properly use a medical device or fails to provide an appropriate level of standard care, they can be held liable for medical malpractice, or even wrongful death. If your child suffers from an intracranial hemorrhage as the result of an ObGyn error or labor and delivery negligence, our New York Intracranial Hemorrhage Lawyer staff at Stephen Bilkis and Associates, PLLC will fight for your rights to recover the monetary compensation you deserve.
The area of medical malpractice deals tort law, and more specifically negligence. If someone dies as a result of another’s negligence or mistake, there may be a cause of action if the following elements are present (as outlined in Estates Powers and Trust Code Part 4):
- There must be a death
- The death was caused by the wrongful actions, or failure to act on the part of another
- The conduct of the defendant gave rise to the cause of action
- There is a survivor who has standing to sue in the case
- There are damages.
If it can be proven that medical mistake or malpractice is present, the plaintiff could be entitled to damages which can include:
- Reimbursement for medical expenses
- Lost wages
- Value of support services for surviving family
- Value of parental care
9% interest on damage awardIf your child has been the victim of negligence, or your family has experienced a wrongful death because of medical malpractice, it is important to act promptly. Under NY Law (NY EPT Law 5-4.3, there is only 2 1/2 years to file a claim. New York’s statute is extremely short, and it is important to note that the statute begins to run when the malpractice is discovered, not when it occurred. See Trimper v. Jones 2007 NY Slip Op 00905 [37 AD3d 1154]. This rule is different from other states, and it’s effect is that it in essence gives some immunity to a medical care practitioner who misdiagnose.
There are a few exceptions to this rule. One possible exception is under the “continuous treatment doctrine” if the treatment was continuing for the same condition that caused the lawsuit.
If your child is suffering from an intracranial hemorrhage, contact our New York Injury Lawyer staff at Stephen Bilkis and Associates, PLLC. Please call us at 1.800.NY.NY.LAW 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.