Injuries that occur during birth often prove unexpected and come as a shock for parents and families. Parents whose children suffer these types of traumatic injuries at birth are left facing a lifetime of questions about whether their child will recover as well as concerns about the medical and therapeutic expenses they have to bear moving forward.
In many situations, the birth injuries are preventable. They occur because medical providers fail to do their due diligence and evaluate potential birth injury risk factors. As a result, infants are born with injuries that may have been avoided with proper monitoring and care.
Here are the three most common risk factors for birth injuries that medical providers may fail to identify or address in a timely manner:
1. Position of the Child
The position in which a baby rests before birth can have an impact on whether the labor is difficult or prolonged. For example, if the baby is in breech position (feet first) as opposed to head first, the delivery might become much more complicated. Anytime the baby is in a position that would make a normal vaginal delivery difficult and risky, the mother should be informed so that all options, including a Cesarean section or C-section may be discussed.
2. Size of the Baby
A labor may become more prolonged or difficult if the baby is larger in size. Particularly, when the birth weight of a baby exceeds 9 pounds, the baby is known as macrosomic. In these cases, a C-section should be presented as an option. When a large baby becomes stuck in the birth canal, there is a heightened risk for shoulder dystocia where a child’s shoulder gets stuck in the mother’s pelvic area.
If the child is trapped in the birth canal, he or she may suffer from oxygen deprivation and other injuries leading to irreversible brain damage or conditions like cerebral palsy. Such situations may also cause medical providers to use excessive force to get the child out in a prompt manner. This may lead to injury to the nerves of the brachial plexus, causing brachial plexus palsy or Erb’s palsy. Difficult births are sometimes managed with birth-assistive tools such as forceps or vacuums, which may also increase the risk of injuries.
3. Maternal medical or health conditions
There are many cases where the mother may suffer from certain health issues that may increase the risk of a birth injury. One such condition is preeclampsia where the mother’s blood pressure shoots up. This may lead to risk for birth injuries such as oxygen deprivation and brain damage. Gestational diabetes is another condition that may lead to serious problems for the mother and child. The presence of maternal infections may also affect the child. When left untreated, a maternal infection can lead to decreased fetal oxygen supply and cause cerebral palsy. When diagnosed early, these conditions can be properly managed and the risks of a birth injury can be lowered.
Contacting an Experienced Lawyer
The experienced New York personal injury attorneys at the Law Offices of Kenneth A. Wilhelm can help you better understand your legal rights and options, and also fight hard to recover just compensation for you. One of our clients secured a $2,850,000 verdict in an Erb’s palsy (brachial plexus palsy) case that was reduced by the appeals court to $1,846,000 because the verdict was so large. This was the highest amount upheld by the appellate (appeals) courts for many, many years. In addition we recovered $1,400,000 for a newborn who lost motion in the arm during birth due to doctors applying incorrect force on the baby’s head. Also, one of our clients obtained a verdict for $43,940,000 and another of our clients got a verdict for $23,500,000, both in medical malpractice cases.
We have seen many cases where New York City Health and Hospital Corporation facilities deliver babies who are born with cerebral palsy or brachial plexus palsy (Erb’s palsy) stemming from negligence (carelessness), and/or medical malpractice in the labor and delivery etc. of the children.
The following list identifies some of these hospitals (operated by New York City Health and Hospital Corporation):
• Jacobi Hospital aka Bronx Municipal 1400 Pelham Parkway South Bronx, New York 10461 718-918-5000
• Lincoln Hospital 234 East 149th Street Bronx, New York 10451 718-579-5000
• North Central Bronx Hospital 3424 Kossuth Avenue Bronx, New York 10467 718-519-5000
• Coney Island Hospital 2601 Ocean Parkway Brooklyn, New York 11235 718-616-3000
• Kings County Hospital 451 Clarkson Avenue Brooklyn, New York 11203 718-245-3131
• Woodhull Hospital 760 Broadway Brooklyn, New York 11206 718-963-8000
• Bellevue Hospital 462 First Avenue New York, New York 10016 212-562-5555
• Harlem Hospital 506 Lenox Avenue New York, New York 10037 212-939-1000
• Metropolitan Hospital 1901 First Avenue New York, New York 10029 212-423-6262
• Elmhurst Hospital 79-01 Broadway Elmhurst, New York 11373 718-334-4000
• Queens Hospital Center 82-68 164th Street Jamaica, New York 11432 718-883-3000
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