A birth injury is an injury sustained by a child when he or she is in utero or during the birthing process. These injuries are typically caused by instances of medical negligence (carelessness) on the part of the medical provider, hospital or doctor, etc. A number of birth injuries result in permanent disabilities and conditions that may last a lifetime. Birth injuries that affect the brain are particularly dangerous because they can result in irreversible brain damage or cerebral palsy.
The conditions and factors that lead to an infant’s birth injury determine the nature and extent of the problem. This includes any issues with the mother’s health and/or the infant’s health and any error in monitoring or treating this by the medical staff can lead to birth injuries. For example, when a child suffers from oxygen deprivation before or during birth which may lead to devastating child brain injuries. Infants who suffer such brain injuries during birth are likely to have lifelong neurological issues.
Another example of a severe birth injury is brachial plexus palsy (Erb’s palsy), which occurs when the nerves in the brachial plexus are damaged. This can occur when a physician pulls on the baby’s neck or arm to get him or her out of the birth canal. This situation often occurs after a prolonged labor or during a difficult delivery and caution should be exercised by the doctor in such cases. Brachial plexus injuries may result in lifelong disabilities as well.
Conditions That Can Cause Birth Injuries
A number of situations lead to birth injuries including:
Maternal conditions: If the mother’s pelvis is too narrow, labor may become extremely difficult or prolonged. When the baby’s shoulder is stuck in the mother’s pelvis, this may cause the child to struggle to come out. Prolonged labor is generally linked to a high risk of birth injuries.
Infant conditions: Babies who are larger than average are also susceptible to birth injuries. Also, when infants are in an abnormal position such as breech position (feet first instead of head first), they are likely to have a more difficult birth and therefore face a greater risk of injury during birth.
Birth assistive tools: When a physician uses forceps or vacuum extractors to facilitate birth, it may result in serious injuries — especially when the procedure is performed by an inexperienced or incompetent physician. When excessive force is applied using these tools, there is a higher risk of serious injury to the child.
When a birth injury is caused by the negligence (carelessness) of a doctor or medical professional or hospital, you may be able to file a medical malpractice lawsuit against the at-fault parties and seek compensation for your child’s injuries, damages and losses.
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. In a brachial plexus palsy (Erb’s palsy) case, one of our clients secured a $2,850,000 verdict 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 Klumpke’s 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, lead poisoning and medical malpractice 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.
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