New York Skull Fracture
During a normal childbirth as the infant travels through the birth canal, excess pressure is exerted on the head. Scalp swelling and bruising commonly result from this excessive pressure. In most instances, the swelling and bruising heals in only a few days without treatment. Unfortunately, complications may develop during the birthing process, such as shoulder dystocia or the birth of a large fetus, which necessitates the use of vacuum extraction or forceps. Our New York Birth Injury Lawyer team at Stephen Bilkis and Associates, PLLC has learned the improper use of forceps or a vacuum extractor may increase the chances of a birth injury, such as a skull fracture or intracranial hemorrhage.
A skull fracture during delivery is rare but can occur. A fracture often develops from the misuse of forceps or a vacuum extractor. Our New York Skull Fracture Lawyer staff has discovered that these types of injuries can cause other types of birth injury, such as an intracranial hemorrhage and elevate intracranial pressure. Brain damage may result from compression of the brain tissue due to the elevated pressure.
According to our New York Skull Fracture Birth injury Lawyer group at Stephen Bilkis and Associates, PLLC, dizziness is among the signs and symptoms of a skull fracture, along with:
- Blood or clear fluid leaking from the ear, nose or head
- Bruising around the eyes or behind the ears
- Cranial lump
- Deformed head
- Dented head
- Loss of consciousness
- Severe headache
A skull fracture can cause a secondary birth injury, such as a subdural hematoma, brain laceration or contusion. The injury can result in neurological deficit or wrongful death. If your child is suffering from a skull fracture, our New York Birth Injury Lawyer staff will aggressively litigate your claim to recover monetary compensation for the injury.
In many cases, a skull fracture is the result of labor and delivery negligence. A certain standard of care must be provided by the attending medical professional. If the attending medical professional does not provide the standard of care or misuses a medical device, the medical professional is responsible for the injury. It is important to note that if negligence is present and is the cause of your child’s injury, a healthcare professional, attending physician and the hospital can be held responsible. Healthcare providers can include ancillary support people (nurses), rehabilitation therapists, pharmacists, paramedics, midwives etc. The medical facility can be held liable as well. This was established in the case Mduba v. Benedictine Hospital 52 A.D. 2d 450 (1976). In this case the hospital was held responsible in a medical negligence case, even where the attending physician was not an employee of the hospital.
If your child suffers from skull fracture resulting from labor and delivery negligence and medical malpractice, our New York Injury Lawyer team at Stephen Bilkis and Associates, PLLC will protect your rights and fight for the compensation you deserve. It is important, however, not to delay. In New York, there are very specific filing deadlines that must be adhered to. This is called the statute of limitations. Pursuant to NY C.P.L.R. 214-a, a lawsuit for medical malpractice must be filed within 2 ½ years from the date of the mistake, not when it is discovered. There is an exception to this rule, which states that this rule will not apply if the plaintiff has been under continuous care for the illness or injury at issue. There is a famous case in New York that addresses this issue, which may become law in New York in the future. It is called Laverne’s law. This woman had a chest x-ray done, and the technician missed a mass in her lung. Three years later she returned to the hospital with advanced lung cancer and died. Her daughter was unable to sue because the 2 ½ year statute had passed.
If your child is suffering from a skull fracture, contact our experienced New York Birth Injury Lawyer 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.