Hiring a Birth Injury Attorney
The best way to ensure that your family receives the financial compensation it deserves is to hire an New York birth injury attorney. These lawyers are well-versed in medical malpractice laws and procedures. They also conduct a thorough investigation and consult with experts.
Medical professionals are held accountable for their actions when they have violated accepted standards of care. They collect the required medical documents and obtain expert testimony to prove negligence as well as malpractice.
Birth Injuries: Causes and Treatment
Infants can suffer a variety injuries at
skilled birth injury lawyer depending on the conditions and circumstances that surround pregnancy and birth. These injuries may result from maternal health issues or external causes. The injuries may be mild that require no treatment, or they can be severe, with long-term consequences on the child.
Many newborns may experience minor bruising or swelling as because of the pressure they feel during the birthing process. Instruments used during delivery such as forceps and vacuum extractors, can also harm the skin of a baby. This could include abrasions on the forehead and around the eyes during face-first deliveries or genitals during breech deliveries.
Other serious birth injuries can be caused by excessive force or the use of force during labor and delivery. These conditions can lead to various issues such as skull fractures and traumatic brain injury (TBI). TBI can cause cerebral palsy as well as other neurological conditions.
This is a condition that occurs when a midwife or doctor overstretches the brachialplexus, a nerve system which run through the arm. This may happen when a doctor or midwife pulls on the neck to accelerate labor. This kind of birth injury is more likely to occur in larger infants, those born in a breech-position, or during a long and complicated labor.
Another grave birth injury is spinal cord trauma. This is often caused by excessive twisting or pulling during labor and delivery. This is particularly true when a doctor makes a mistake using the forceps, vacuum extractor or other tools. This could result in the spinal cord becoming compressed, which can affect motor skills coordination, balance, and even bladder or bowel control.
These serious birth injuries can cause severe and often irreparable consequences on the quality of life of a child. A lawsuit can help families pay for medical treatments, therapies and specialized equipment to minimize the impact of these injuries. It can also cover other expenses, like caring for a child, so that the child can have a better chance of a happy, healthy life.
Premature Delivery
Birth injuries are often the result of medical negligence during labor, pregnancy and delivery. While many of them are unavoidable however, a substantial portion of them could be prevented by ensuring adequate prenatal care and attentive medical practices during labor and delivery. However doctors and hospital personnel are human and sometimes make mistakes. If these errors cause birth injuries or death, the family could be entitled to compensation.
A lawyer for
knowledgeable birth injury attorney injuries would examine the case and determine if there is an opportunity to file an action. They will also look over medical documents and speak to experts to understand the circumstances that led to the birth. The lawyer will also consider how the injuries affected the child and parents, as well as the financial implications of the injury.
The first step in a birth-related injury case is to prove that the doctor acted in breach of the duty of care. This is usually done by proving that the doctor was negligent in his the pregnancy, labor and delivery. For instance the doctor could not have been able to assess the condition of the mother or the baby's heart rate. They may have used excessive force during the birthing process, or they may have missed signs that indicated a problem with oxygen flow to the infant's brain.
If a doctor fails to fulfill their duty of care, it could have devastating consequences. For instance, a premature birth can result in serious health problems for the baby including brain damage or severe pulmonary hypertension. This may require long-term medical treatment and can result in the possibility of a lifetime of disability as well as loss of income.
A premature birth is a birth that takes place before 37 weeks of gestation that is the standard length of a normal pregnancy. It can occur for a variety of reasons, including an infection of the amniotic fluid or uterus, illness in the mother like severe preeclampsia and eclampsia, complications of the cervix, such as placenta previa, or a history of a previous miscarriage or abortion.
The earlier the birth is, the more serious health issues are for the baby. They are more prone to die or suffer from disabilities like cerebral palsy, hearing and vision issues, and developmental delay. They are also more vulnerable to respiratory infections and respiratory diseases such as pneumonia. The risk of complications increases with the earlier in pregnancy the baby is born, and with the lower their birth weight.
Delivery Positions that are Abnormal
The position and presentation of the fetus is an important aspect of information that doctors, nurses, midwives, and other medical professionals must catch during
Prenatal Injury Attorney visits using ultrasound or physical examination. Certain fetal positions and displays can be dangerous and if not detected and properly managed during labor and birth, they could result in birth trauma and complications such as hypoxic-ischemic brain disease (HIE). Inability to identify and treat dangerous fetal positions or presentations is a form of medical malpractice that could cause a lawsuit for birth injuries against the negligent obstetrics provider.
Vertex, also known as head first is the most popular position for normal births. This is the most ideal position for vaginal delivery because it allows the baby to enter the birth canal through its 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 isn't flexed and the head must be larger than normal for it to move through. This can lead to a prolonged or stopped labor, the need for a vaginal or cesarean delivery, and a higher risk of complications such as birth trauma and brain damage.
Breech presentation is a common abnormal position for delivery. The baby who is presented buttocks-first is referred to as a frank position or a baby who has one leg placed underneath the other is known as a footling position. This position is more difficult to deliver as compared to the head-first or vertex positions. It also increases the risk of complications, such as a prolonged labor, an involuntary labor, and the need for an operative vaginal birth or the need for a c-section.
Other unusual delivery positions include a transverse or sideways, positioning and a hands-and-feet presentation, where feet or buttocks enter first. These are more rare and more difficult to deliver. They also increase the risk of complications, such as a prolonged or a stoppage of labor. A doctor can try to move the fetus back in a more comfortable position using an external cephalic variation where they press against the abdomen of the mother, however this maneuver has risks and should be done only when it is absolutely necessary.
Birth Trauma
The birth of a child can be both a joyous and terrifying time. Many mothers and their infants may experience traumatic experiences during the
birth injury litigation process process, which can result in significant psychological and physical injuries. These injuries could have long-term negative effects on a woman's life, and they can sometimes lead to Post Traumatic Stress Disorder (PTSD).
An attorney for birth injuries can help a family obtain an amount of money to compensate for the damages. They will handle all communications with hospitals and insurance companies on your behalf, and ensure you meet all legal timelines. They will also secure expert testimony, obtain medical records and collect other evidence to support your case. A top-rated birth injury attorney will be on a contingency fee basis, meaning that you don't need to pay for anything upfront.
Injuries can occur during the labor and delivery process, or afterward. A lot of these injuries can be avoided if medical professionals uphold their standards of care. A nurse or doctor who fails to follow these guidelines could be held accountable for negligence.
Birth trauma is a complex subject, and it depends on an individual's perception of their personal experiences. Experts say that birth-related PTSD can cause feelings of anxiety and powerlessness and a lack of support. It can also trigger past traumatizing experiences from a person's history. For instance women who suffered sexual assault as a child may be more likely to consider her birth experience traumatic.
A birth injury that is traumatizing could cause permanent brain damage, including cerebral palsy as well as other neurological conditions. These types of injuries are most frequent during labors that involve extreme medical interventions or when the mother has a c-section. The most frequent sites of birth injuries are the head, neck, and shoulders.
You should speak with a birth injury attorney as soon as you can. They have the expertise necessary to build a convincing case that proves that your child's birth injury was due to the negligent actions of a healthcare professional. They can help you obtain the most favorable outcome possible for your case by pursuing the maximum amount of compensation, which includes the loss of your family and future requirements.
