However, the existence of such risk factors can and should be identified during the pregnancy, labor and delivery and medical providers are required to administer proper medical evaluations. Often, the action or lack of action by doctors or others on the medical team can increase the risk of a newborn suffering a birth injury. In such cases, injured parties may be eligible to seek monetary compensation for their damages and losses.
Prolonged labor, lasting more than 20 hours in first-time mothers or more than 14 hours in subsequent deliveries, presents a significant risk factor for birth injuries. It can lead to complications such as fetal distress, oxygen deprivation (hypoxia), and increased chances of operative interventions like forceps or vacuum extraction. Extended pressure on the baby during a lengthy labor can result in conditions like cephalohematoma (bleeding beneath the skull), fractures, or nerve injuries such as brachial plexus injuries (Erb’s palsy). Addressing prolonged labor promptly through medical interventions is crucial to mitigate the associated risks of birth injuries and ensure the well-being of both the mother and the newborn.
A breech position birth, where the baby’s buttocks or feet are positioned downward instead of the head, heightens the risk of birth injuries. This atypical presentation increases the likelihood of complications during delivery, such as umbilical cord compression, which can restrict oxygen flow to the baby. Breech births may lead to birth injuries like hip dislocation, fractures, or head trauma due to the challenges in delivering the baby’s larger profile through the birth canal. Careful monitoring and, in some cases, cesarean section delivery are often recommended to reduce the potential risks associated with a breech presentation and minimize birth injuries.
Macrosomia, a condition where a baby is significantly larger than average at birth (weighing over 8 pounds) increases the risk of birth injuries. The baby’s size can challenge the birthing process, leading to difficulties during delivery. Shoulder dystocia, where the baby’s shoulders get stuck behind the mother’s pubic bone, is a common complication. This can result in nerve injuries like brachial plexus injuries (Erb’s palsy), fractures, or damage to the baby’s collarbone during birth. Proper prenatal monitoring, considering alternative delivery methods like cesarean section, and medical interventions during labor can help mitigate the risks associated with macrosomia and reduce potential birth injuries.
Oxygen deprivation during birth, medically termed as perinatal asphyxia or hypoxic-ischemic encephalopathy (HIE), occurs when the baby experiences a lack of oxygen supply before, during, or after delivery. This deprivation can lead to severe birth injuries, including brain damage, cerebral palsy, developmental delays, or even stillbirth in extreme cases. Factors like umbilical cord problems, placental issues, prolonged labor, or complications during delivery contribute to oxygen deprivation. Immediate medical interventions such as resuscitation techniques or therapeutic hypothermia may reduce the effects of oxygen deprivation. Oxygen deprivation underscores the critical importance of timely and appropriate care to prevent long-term consequences for the newborn.
The mother’s medical history of gestational diabetes and preeclampsia significantly increases the risk of birth injuries. Gestational diabetes( high blood sugar during pregnancy) can lead to larger than average babies (macrosomia), raising the likelihood of birth complications like shoulder dystocia or nerve injuries. Preeclampsia, characterized by high blood pressure and organ damage, heightens the risk of preterm birth, resulting in potential complications such as respiratory distress syndrome or neurological issues in newborns. Close monitoring, early detection, and proper management of these maternal conditions during pregnancy are essential to reduce the occurrence of birth injuries and ensure the well-being of both mother and child.
It is the responsibility of medical professionals to monitor the condition of the fetus and the mother and make decisions that reduce or eliminate a risky delivery. If your child has suffered a birth injury due to medical negligence (carelessness), then he or she may be able to receive compensation that helps pay for medical expenses, lost income, cost of therapy, future treatments, permanent injuries, disabilities, past and future pain and suffering, etc.
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. 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 cases where New York City Health and Hospitals 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 Hospitals 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, lead poisoning and medical malpractice cases including, brachial plexus palsy (Erb’s palsy) and cerebral palsy 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.
Other TOLL FREE phone numbers for us are:
1-800-RADIO-LAW, 1-888-WYPADEK, OR 1-800-LAS-LEYES
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