There are a number of things that can potentially go wrong during a pregnancy or during labor and delivery, especially when there is a lack of proper care and monitoring on the part of the medical provider. These types of complications that occur during pregnancy and during labor and delivery can typically be prevented or better handled by doctors and other medical professionals caring for the mother and child.
If a complication during pregnancy, labor or after birth has caused your child’s birth injuries, then the doctor may be held medically negligent (careless) and you may be able to seek compensation for your child’s medical expenses, future care and other losses.
Birth Injuries and Medical Negligence (Carelessness)
There are various instances of medical negligence (carelessness) that may occur during pregnancy, labor or after the birth of the child. Here are some of the most common examples of negligence (carelessness) that result in serious birth injuries and permanent disabilities:
• When a doctor fails to recognize the symptoms of premature delivery or fails to prescribe medications that will stop premature birth or help develop the child’s lungs in case of early delivery.
• When a medical provider fails to diagnose or treat a condition such as diabetes or a urinary tract infection that may cause serious complications including birth injuries to the child.
• When a doctor prescribes a medication or treatment that causes birth injuries or other harm to the baby.
• When a doctor fails to order or perform a Cesarean section especially when there are indicators that there may be complication such as prolonged labor. Some of these indicators include situations where the baby is larger or in a breech position (feet first instead of head first)
Negligent (Careless) Actions That Lead to Birth Injuries
Actions taken by a physician during labor and delivery that may be termed negligent (careless) include:
• Using birth-assistive devices such as vacuum extractors or forceps improperly leading to head injuries or brain damage to the baby.
• Doctors may also cause Erb’s palsy or brachial plexus palsy by causing the baby’s neck or shoulder to stretch, which may damage the nerves of the brachial plexus that are responsible for sensation, strength and motion in the child’s arms. Many children require surgery or long-term therapy and treatment when this occurs.
• Physicians may also misinterpret a child’s vital signs and cause the delivery to become prolonged. This may cut oxygen supply from the baby’s brain causing developmental issues, cerebral palsy or even death.
How is Medical Negligence (Carelessness) Determined?
If medical negligence (carelessness) resulted in injuries to your child, you may need to prove the following elements:
• That your medical provider owed you a duty to provide care
• That a doctor, hospital or staff’s negligence (carelessness) caused your child’s birth injuries
• That the injuries resulted in damages including monetary losses, disabilities, etc.
The first step is to determine the medical standard of care or the level of care a doctor would provide in the same circumstances. Plaintiffs (injured party) must then prove that their doctor failed to meet that standard of care. Going through a medical malpractice case and proving negligence (carelessness) can be a complicated and emotional process. An experienced New York birth injury lawyer will be able to collect the necessary evidence, access knowledgeable experts who can testify in your case and help you secure fair and full compensation for all your losses.
Contacting an Experienced Lawyer
The costs of caring for a child with birth injuries can add up very quickly. If your child’s injury was caused by medical negligence (carelessness), you may be able to seek compensation for damages including loss of earnings, medical expenses, cost of hospitalization, ongoing treatment and therapies, psychological counseling, 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 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 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.
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