Birth injuries can change a child’s life forever. These injuries often occur when something goes wrong during the birthing process. Many cases involve medical negligence, which can lead to serious harm. When a child sustains a birth injury, parents often feel lost and unsure about what to do next.
Our Manhattan birth injury lawyers at Davidoff Law can help you. We have experience taking care of complex birth injury cases, including those caused by medical negligence. From birth injuries to physical trauma, we work to help families seek justice.
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Let Our Manhattan Birth Injury Lawyer Represent You and Your Child
A birth injury can have a severe impact on a family. Parents may face high medical bills and future care needs. At Davidoff Law, our birth injury attorneys work to protect families dealing with these challenges. We know the confusion and trauma that follow a child’s injury.
Our team fights for justice in cases of medical negligence and physical trauma. Whether your child’s birth injury involves cerebral palsy or another condition, we can help. We review medical records, consult experts, and build strong cases. We aim to secure the compensation you need for your child’s future.
A birth injury lawsuit can cover the hospital bills and ongoing support. We handle the legal aspects thoroughly so you can focus on your child’s well-being.
What Are Common Birth Injuries?
Birth injuries can happen for many reasons. Some occur due to natural complications, while others result from medical negligence. Here are a few of the most common birth injuries that affect children and families:
Cerebral Palsy
Cerebral palsy is one of the most serious birth injuries. It often occurs when a baby’s brain is damaged during birth. Lack of oxygen, infections, or physical trauma can cause this condition. Cerebral palsy affects muscle control, movement, and balance, which can affect the child’s entire life.
Families dealing with cerebral palsy face medical expenses for therapies, special equipment, and long-term care. A birth injury lawsuit may help cover these costs. Our Manhattan birth injury attorneys are aware of how medical negligence can lead to cerebral palsy. We work with experts to review medical records and find the cause.
If your child has cerebral palsy due to a birth injury, we’re here to help. Our team will build a strong case to seek justice and financial support for your child’s needs.
Brachial Plexus Injuries
Brachial plexus injuries happen when nerves in the shoulder area are damaged during birth. This can occur if the baby’s shoulder gets stuck, causing stretching or tearing of the nerves. Brachial plexus injuries affect arm movement and strength, sometimes leading to lifelong challenges.
In severe cases, a child may need surgery or therapy to regain function. This injury can place a heavy burden on families, both emotionally and financially. Our birth injury lawyers at Davidoff Law understand how medical negligence may lead to this type of injury. We look at the details, consult medical records, and build a strong case for compensation.
If your child sustained a plexus injury, our attorneys are ready to assist. We aim to secure support for your child’s recovery and future needs.
Brain Damage Due to Oxygen Deprivation
Brain damage from lack of oxygen is a serious birth injury. This can happen if a baby does not get enough oxygen during delivery. Causes include delayed responses, umbilical cord issues, or medical negligence. Oxygen deprivation can lead to lifelong disabilities, affecting memory, movement, and learning.
Medical expenses for treatments, therapies, and care can add up quickly. Our New York birth injury attorneys at Davidoff Law understand the repercussions this injury has on families. We collect medical records and work with experts who can determine what caused the injury. If negligence plays a role, we fight to get compensation for your child’s future.
Clavicle Fractures
A clavicle fracture is a common birth injury. It happens when the collarbone breaks during delivery. This injury often occurs if the baby’s shoulders are too wide or there’s pressure during birth. Signs of a clavicle fracture include swelling, difficulty moving the arm, and pain.
Most clavicle fractures heal with proper care, like gentle handling and monitoring. However, severe cases may require further treatment. We work to ensure families have the support they need to cover medical expenses and any follow-up care.
Intracerebral Hemorrhage
Intracerebral hemorrhage is bleeding within the baby’s brain. This birth injury often results from high pressure during delivery. The condition can cause serious issues, like seizures, muscle weakness, or developmental delays. It’s more common in complex or prolonged births.
Immediate medical attention is crucial. The baby may need tests, treatments, and possibly surgery to control the bleeding. Due to the implications for the child's health, families face high medical expenses and stress. Our birth injury attorneys at Davidoff Law help families seek compensation to cover these costs. We gather medical records, investigate negligence, and build a strong case.
If your child experiences a brain hemorrhage, our team is here to help. We aim to secure financial support for medical needs and future care.
Causes of Birth Injuries Due to Medical Negligence
Birth injuries sometimes happen because of medical negligence. Here are common causes when proper care is not provided:
Failure to Monitor Mother and Child Properly
Proper monitoring of mother and child is essential during labor. Failure to do so can result in serious birth injuries. Doctors and nurses must check the baby’s heart rate, oxygen levels, and overall well-being. Any sign of distress needs quick action to avoid harm.
When monitoring lapses, the baby may suffer due to lack of oxygen or other complications. This can lead to lifelong health issues like cerebral palsy or brain damage.
At Davidoff Law, our birth injury attorneys work to find the causes of such injuries. We review medical records to see if medical negligence played a role.
If poor monitoring caused your child’s injury, you may have grounds for a birth injury lawsuit. We help families seek justice and monetary compensation for medical costs and future care.
Delayed Cesarean Section and Other Delivery Errors
A delayed cesarean section can lead to serious birth injuries. When labor is not progressing, doctors must act quickly. Delays can cause oxygen loss, leading to brain damage or physical trauma. Other delivery errors, like improper use of tools, can also result in injuries.
Medical malpractice is often a factor in these cases. When doctors fail to follow correct procedures, the consequence on the child can be lifelong.
A birth injury attorney at Davidoff Law can help families affected by these mistakes. We examine medical records to determine what went wrong.
If your child’s injury happened due to a delayed C-section or another error, we can help. Our team works to build strong cases, aiming to secure compensation for medical care and future needs.
Incorrect Use of Forceps or Vacuum Extraction
Incorrect use of forceps or a vacuum during delivery can lead to serious birth injuries. These tools require careful handling. When used incorrectly, they may cause physical injuries to the child, including bruises, fractures, or even brain damage.
Such errors are another form of medical malpractice. If the doctor applies too much force or uses these tools at the wrong time, harm can occur. Parents facing these situations should know their rights.
What Should You Do After a Birth Injury?
- Seek immediate medical attention.
First, ensure your child receives all necessary medical care. Addressing physical injuries early helps in recovery and records critical details. - Document the injury and treatment.
Keep detailed records of your child’s medical treatments and diagnoses. These records will be valuable in figuring out the full effect of the birth injury. - Request all medical records.
Get a full copy of the medical records from the hospital and healthcare providers. These documents are key in assessing if medical malpractice occurred. - Consult a birth injury attorney.
Speaking to an experienced attorney can clarify your rights. They can explain how to pursue a birth injury claim for compensation. - File a claim if necessary.
Filing a birth injury lawsuit may be an option if the injury is due to medical malpractice. Compensation can help cover medical expenses and long-term care.
Legal Rights of Parents in Birth Injury Cases
Parents have legal rights to seek justice and compensation when a child suffers a birth injury. Here are the rights parents can pursue in these cases:
Filing a Claim for Medical Negligence
When a child’s birth injury happens due to medical errors, parents may file a claim for negligence. This process seeks to hold healthcare providers responsible for mistakes that caused physical injuries. A birth injury attorney can help parents collect records and review details of the case.
Filing this claim may recover costs for medical bills, ongoing care, and other needs. Taking legal action can also raise awareness of medical malpractice, potentially helping to prevent future incidents.
Compensation for Medical Bills and Future Care Needs
Birth injuries often lead to long-term medical needs. Parents can seek compensation to cover these costs. This may include current medical bills and expected future expenses. A birth injury attorney will work to calculate these costs accurately. They can consider therapies, surgeries, and other care the child might need.
Families may also recover funds for emotional distress or the impact on quality of life. Compensation can ease financial burdens and help provide needed care over time.
Statute of Limitations for Birth Injury Cases in New York
In New York, there is a time limit to file a birth injury claim. This is called the statute of limitations. Under the New York Penal Code § 5-4.1, if a serious birth injury leads to a child’s wrongful death, a lawsuit must be filed within 2 years of the act or failure that is believed to have caused the death.
Keep in mind that the statute of limitations is different for other birth injuries. Numerous factors play a role in how long you have to file a claim. In some cases, the filing deadline can be tolled, or paused; however, this does not apply in all cases. Therefore, it is crucial to reach out to us as soon as possible to avoid missing your chance to demand compensatino.
Factors Dictating the Value of Your Case
Several factors determine the value of a birth injury case. Here are some key elements:
- The severity of injury: Serious injuries, like cerebral palsy or brain damage, often lead to higher compensation due to the lifelong consequences.
- Medical costs: This includes past, current, and future medical expenses, therapies, and specialized equipment needed for care.
- Loss of earning potential: If the injury affects future abilities, this loss is factored into compensation.
- Pain and suffering: The emotional toll and physical distress experienced by the child and family are considered.
- Long-term care needs: The cost of ongoing care and support for your child's future well-being can impact the claim’s value.
Each of these factors is reviewed carefully to ensure fair compensation for the family.
FAQs
What qualifies as a birth injury?
A birth injury occurs when a child is harmed during delivery, often due to medical negligence or complications.
How can a birth injury lawyer help my case?
A New York birth injury attorney gathers evidence, consults experts, and advocates for fair compensation. They support you through each legal step.
What compensation can I seek for a birth injury?
You may seek medical costs, future care, pain and suffering, and loss of earning potential. Each case is assessed based on the injury’s aftermath.
Is there a time limit to file a birth injury claim in New York?
Yes, there is a statute of limitations that sets a time limit for filing a claim. Consulting a lawyer soon after the injury ensures timely action.
Do all birth injury cases go to court?
Not necessarily; many cases settle out of court. A lawyer negotiates with insurers to reach a fair settlement but will represent you in court if needed.
Contact Our Manhattan Birth Injury Lawyer for a Free Consultation
If your child suffered a birth injury, our team at Davidoff Law, a dedicated birth injury law firm, is here to help. We know the emotional distress and financial toll birth injury lawsuits can bring to families. Our experienced attorneys will take a deep look at your case, explain your legal rights, and discuss potential paths forward during a free consultation.
We work hard to secure the compensation needed for your child’s recovery and future care. From filing a birth injury claim to negotiating with insurers or representing you in court, our team supports you through each step.
Davidoff Law is committed to standing by your family as you seek justice for your child’s injuries. Contact us today to schedule your free consultation. Let us help you find the support and resources to move forward.
