Hiring a Birth Injury Attorney
The best way to ensure that your family receives the compensation it deserves is to employ an New York birth injury attorney. These attorneys are familiar with medical malpractice laws and procedures. They also conduct an extensive investigation and consult with experts.
They find and hold accountable medical professionals who have violated the accepted standards of medical care. They collect the required medical records to prove negligence and malpractice.
Birth Injuries Causes and Treatment
Based on the conditions and circumstances that lead to the birth and pregnancy, infants can suffer from various physical birth injuries. These injuries can be the result of health issues affecting the mother or fetus or external causes. These injuries may be minor and not require any treatment at all or severe and have long-term impacts on the child's development.
A lot of newborns suffer from minor swelling or bruising due to the pressure they feel during the birthing process. Instruments used during delivery like forceps or vacuum extractors, may harm the skin of newborns. This can result in abrasions to the forehead and around the eyes during face-first deliveries or genitals in breech deliveries.
Other serious birth injuries could be caused by excessive force or the use of force during labor and delivery. These conditions can lead to many problems, including skull fractures and traumatic brain injuries (TBI). TBI can result in cerebral seizures, paralysis, or palsy, and other neurological disorders.
This is a condition that occurs when a doctor or midwife overstretches the brachialplexus, which is a nerve that runs down the arm. Involving the shoulder and neck in order to speed up the delivery or during a strenuous labor can stretch these nerves which could result in Erb's palsy, arm paralysis. This type of birth injury is more likely to occur in larger infants, those born in a breech-position or during a lengthy and complex labor.
Another serious birth injury is spinal cord trauma. This is caused by excessive twisting or pulling during labor and birth and is especially the case when the doctor uses the forceps or vacuum extractor in a way that is not properly. This could result in the spinal cord becoming compressed, which could affect motor skills coordination, balance and even bladder or bowel control.
These birth injuries can have an irreparable and sometimes devastating impact on the quality of life for the child. A lawsuit can help families pay for treatments, therapies and equipment that can help reduce the effects of such injuries. It can also pay for other related expenses, such as caregivers, to ensure that children have the best chance to live living a happy, healthy life.
Pre-Order Delivery
Medical negligence during labor, birth and pregnancy is a frequent cause of birth injuries. While some are inevitable but a large portion of them could be prevented by ensuring adequate prenatal care and a keen eye on medical practices during labor and delivery. Unfortunately, doctors and staff at hospitals are human, and often make mistakes. If these mistakes result in a birth
injury lawsuit the family could be entitled to compensation.
A birth injury
lawyer near me injury will look into the case to determine whether there is a basis for a lawsuit. They will also look over medical records and consult with experts to learn about the circumstances surrounding the birth. The lawyer will also consider how the injuries affected the child and its parents, and also the financial implications of the injury.
The first step in a birth
injury lawsuit is to establish that the doctor breached the duty of care. This is typically done by proving the doctor was negligent during the prenatal care, labor and delivery. For instance the doctor could have failed to properly monitor the mother's condition or the baby's heart rate. They may have used excessive force during the birthing process, or they may have missed signs that indicated there was an issue with oxygen flow to the brain of the baby.
If a doctor is unable to fulfill their obligation of care it can have devastating consequences. A premature birth, for instance, can cause serious health problems for the infant. These include brain damage or severe hypertension in the lungs. This can lead to long-term medical treatment and the possibility of a lifetime of disability.
A premature birth is one that occurs before 37 completed weeks of gestation, which is the average length of a normal pregnancy. It can be caused by various reasons, such as an infection of the amniotic fluid in the uterus or a condition in the mother such as severe preeclampsia and eclampsia, complications with the cervix such as placenta previa, or a history of a previous miscarriage or an abortion.
The more premature the birth, the more serious the health issues are for the infant. They are more prone to die or have disabilities such as cerebral palsy hearing and vision problems and delays in development. They are also more prone to respiratory diseases and infections such as pneumonia. The risk of complications rises with the earlier a baby is born and with the lower their birth weight.
Abnormal Delivery Positions
Doctors, nurses, midwives and other medical professionals need to be aware of the fetal position and presentation during prenatal visits. This can be accomplished through ultrasound or physical examination. Certain fetal positions and displays can be risky and could cause birth trauma or complications like hypoxic-ischemic encephalopathy (HIE) if not diagnosed and treated appropriately during labor and birth. Medical malpractice can be caused by failing to treat dangerous pregnant fetal positions or presentations. This could lead to birth
injury lawsuits against the negligent obstetrics doctors.
The most commonly used delivery position is vertex or head-first. This is the most preferred position for vaginal births since the baby can enter the birth canal via the occiput or forehead. The fetus who is "sunny side up" or the occiput posterior posture presents a greater challenge to vaginal delivery. This is because the neck is not flexed and the head must be larger than normal for it to move through. This could lead to a prolonged or stalled labor, and a need for operative vaginal birth or cesarean delivery, and may increase the risk of complications including birth trauma and brain damage.
Breech presentation is an abnormal position for delivery. When a baby shows buttocks first, it's called a frank breech; when one leg is tucked under the other, it is called the footling breech. This position is more difficult to deliver when compared to the head-first or vertex position. It also increases the risk of complications, including a prolonged labor or an involuntary labor, and the necessity for a vaginal birth operation or a c-section.
Other abnormal delivery positions are the sideways or transverse position as well as a hands-and feet presentation in which the buttocks are entered first, or the feet are first entered. These are less common and more difficult to deliver and increase the chance of complications, such as prolonged or stopped labor, fetal distress, resulting in the need for a C-section or cesarean delivery and the need for emergency care like neonatal resuscitation. A doctor can try to reposition the fetus into a more favorable position using an external cephalic variation that presses on the mother's abdomen, but this is a risky procedure and should only be used when absolutely necessary.
Birth Trauma
The birth of a child can be a happy and terrifying time. However, some mothers and their infants experience terrifying events during birth which can cause serious physical and psychological injuries. These injuries can have a negative impact on a woman over an extended period of time and could even lead to Post Traumatic Stress Disorder.
A birth
injury attorneys near me lawyer can help families seek financial compensation for these losses. They will handle all communications with insurance companies and hospitals on your behalf, and ensure that you meet all deadlines set by law. They can also collect evidence, such as medical documents, expert testimony and other evidence. Top-rated birth injury
attorneys injurys will be able to work on contingency fees, so you don't have to pay upfront costs.
Injuries can occur during labor and birth or afterwards. Medical professionals who adhere to their standards of care can avoid a lot of these injuries. A nurse or doctor who fails to do so may be held responsible for negligence.
Birth trauma is complicated and depends on how an individual perceives their personal experiences. Experts believe that PTSD triggered by birth may include feelings of distress and a sense of powerlessness and the feeling of being unsupported. It may also trigger previous traumatic experiences from an individual's history. A woman who suffered sexual trauma as a young child could find her birth experience more traumatizing.
A birth injury that is traumatizing can cause permanent brain damage, such as cerebral palsy as well as other neurological disorders. These injuries are most common during labors that involve extreme medical interventions or when the mother has C-sections. The most commonly affected areas of birth injuries are the neck, head and shoulders.
It is recommended to consult an attorney who handles birth injuries as soon as you can. These lawyers have the experience necessary to build a convincing case that can prove that your child's birth injury was due to the negligence of a healthcare provider. They can help you get the most favorable outcome for your claim, which includes compensation for your family's future needs and losses.