Brain injuries that occur at birth can be devastating for infants and their families
causing lifelong conditions such as cerebral palsy, developmental delays, seizure disorders and other permanent disabilities. A vast majority of neonatal (newborn) brain injuries are caused by a lack of oxygen flow to the child’s brain. This condition is known as birth asphyxia. Lack of oxygen during childbirth is often caused by a doctor and/or the medical staff making incorrect decisions and/or by the careless handling of medical problems arising during childbirth.
During birth, in some cases, oxygen supply to the baby may be significantly reduced, but not completely cut off. This state of reduced oxygen supply is known as hypoxia. Reduced oxygen levels may cause significant damage over a period of time. When oxygen to the baby is completely cut off (apoxia), irreversible brain damage may occur within a matter of a few minutes. Both hypoxia and anoxia can result in permanent disabilities such as cerebral palsy.
Common Causes of Brain Injuries at Birth
Here are some of the factors we routinely see as New York medical malpractice attorneys that tend to result in hypoxia and apoxia or oxygen deprivation during birth, which in turn leads to severe brain injuries:
Shoulder dystocia: During a vaginal delivery, a baby may not be able to move in the birth canal. This can happen, for instance, if the baby’s shoulder is obstructed by the mother’s pelvic bone. When babies remain in this position for an extended period of time, they can be at risk for oxygen deprivation.
Umbilical cord issues: Babies rely on the umbilical cord to receive oxygen. A number of complications involving the umbilical cord may arise, potentially reducing or cutting the oxygen flow to the baby. If the umbilical cord becomes compressed at any point, oxygen delivery may be disrupted or stopped. This can become extremely dangerous for the baby.
Placental separation: Complications involving the placenta may also lead to oxygen deprivation. For example, if the placenta separates from the uterus prematurely, oxygen supply to the baby may be disrupted. This condition is known as placental abruption.
Maternal infection: Another cause of brain injury in infants is a maternal infection. When it is not promptly diagnosed and treated, an infection in pregnant mothers may cut oxygen supply to the baby. The risk of brain injury occurring at this point will depend on the type of infection.
Birth trauma: Some brain injuries occur because of trauma suffered during birth. For example, if a doctor is using birth assistive tools to get the baby out of the birth canal. The use of such tools — including forceps and vacuum extractors — pose an increased risk for a brain injury and when they are used incompetently, they can lead to head injuries. This may result in swelling, bleeding or other internal head injuries resulting in brain damage.
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
Please contact us TOLL FREE 24 hours a day, 7 days a week at 1-800-WORK-4-YOU (1-800-967-5496). WE CAN EVEN COME TO YOU. There is no attorneys’ fee unless we recover money for you. We can also help with personal injury and/or medical malpractice cases in New York, New Jersey, Connecticut, Pennsylvania, or Florida. If you have been seriously injured in any of the 50 U.S. states, please call us and we will try to help you with your case.
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