Welcoming a new baby should be a time of joy and celebration, but sometimes things go wrong, leading to severe injuries during birth. When a baby suffers injuries due to medical negligence, the families' lives can change in an instant. Having a skilled Queens birth injury attorney by your side is crucial in these challenging times. Davidoff Law Personal Injury Lawyers specialize in helping families navigate the complex legal landscape to seek justice and compensation for their losses.
Our law firm can help you explore your child's birth injuries to see if you are owed compensation. Our Queens personal injury attorneys would be honored to fight for you and explore a potential personal injury claim. Learn more about these types of personal injury cases below. Then, contact our Queens personal injury lawyers to schedule a free legal consultation.
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A Queens Birth Injury Attorney Can Help You Win Maximum Compensation for Your Injury and Losses
Navigating a birth injury lawsuit requires deep knowledge of personal injury law and medical malpractice cases. A Queens birth injury attorney from Davidoff Law helps you understand your rights and the legal process. Our personal injury lawyer understands the high stakes and is prepared to fight for your family's future.
Birth Injury vs. Birth Defects
It's important to differentiate between birth injuries and birth defects when considering a legal claim. Birth injuries occur during labor and delivery, often due to medical negligence or substandard care. Birth injuries can lead to permanent disabilities or health issues for the child.
Birth defects, on the other hand, are conditions that develop during pregnancy and are often related to genetic factors, environmental influences, or unknown causes. While some birth defects may be linked to medical negligence, such as improper medication use during pregnancy, most are not related to the care received during delivery.
Common Types of Birth Injuries
A. Cerebral Palsy (CP)
Cerebral palsy is a neurological disorder caused by brain damage before, during, or after birth. It affects muscle coordination and movement. Medical negligence during delivery, such as failing to address oxygen deprivation, can lead to CP.
B. Erb's Palsy
Erb's palsy happens when brachial plexus nerves near the neck are damaged, affecting arm movement. It often occurs when there's excessive pulling on the head and shoulders during a difficult delivery. Most children recover with treatment, but some may have long-term impairment.
C. Traumatic Brain Injuries (TBIs)
TBIs in newborns often result from physical trauma during birth or oxygen deprivation. These injuries can lead to developmental delays, physical disabilities, or cognitive impairments. Immediate and ongoing medical treatment is crucial for managing TBIs.
D. Hypoxic-Ischemic Encephalopathy (HIE)
HIE stems from a lack of oxygen and blood flow to the baby's brain around birth. It can lead to significant neurological issues or death. Prompt medical intervention is essential to reduce the risk of severe outcomes.
E. Fractures and Soft Tissue Injuries
Bones can break, and soft tissues can be injured during a difficult birth, especially with the use of forceps or vacuum extraction. While most fractures heal, they require proper medical care and can cause significant pain and distress to the newborn.
F. Other Common Birth Injuries
Other injuries include facial paralysis, spinal cord injuries, and cuts or bruises from delivery instruments. Some of these brain and spine injuries can be permanent and could impact the child's quality of life.
Causes of Birth Injuries
Birth injuries can result from a handful of factors during delivery. Sometimes, they occur due to natural complications, but often, they result from medical negligence. Understanding the cause is crucial for determining liability and pursuing a birth injury lawsuit.
Intrapartum Factors
A. Prolonged Labor
Prolonged labor can lead to birth injuries, as the baby may experience stress and a lack of oxygen. Medical professionals must monitor labor progress closely and intervene when necessary to prevent harm to the baby.
B. Umbilical Cord Complications
Umbilical cord issues, like prolapse or compression, can cut off the baby's oxygen supply. Quick and appropriate actions by medical staff are essential to prevent severe injury or death.
C. Shoulder Dystocia
Shoulder dystocia takes place when the baby's shoulder is obstructed in the birth canal after the head has been delivered. It requires skilled handling to safely free the baby without causing nerve damage or other injuries.
Maternal Factors
A. Health Conditions
A mother's health conditions, such as diabetes or high blood pressure, can increase the risk of birth injuries. Adequate prenatal care and management of these conditions are critical to reducing complications during delivery.
B. Substance Abuse
Substance abuse during pregnancy can lead to premature birth, low birth weight, and withdrawal symptoms in the newborn, all of which can complicate delivery and increase the risk of birth injuries.
C. Age
The age of the mother can be a risk factor for birth injuries. Teen mothers and those over 35 have a higher risk of complications that could lead to birth injuries, necessitating careful monitoring and management by medical professionals.
Fetal Factors
A. Size and Position
The baby's size and position at birth, such as breech or transverse positions, can complicate delivery and increase the risk of injury. Medical professionals should identify and manage these risks early.
B. Prematurity
Premature babies are more vulnerable to injuries during birth due to their underdeveloped bodies and organs. Special care is necessary to minimize the risk of injury in these delicate cases.
C. Birth Defects
While not necessarily related to the delivery process, certain birth defects can complicate labor and delivery, potentially leading to injuries. Medical professionals must plan for and manage these risks accordingly.
Medical Negligence
A. Failure to Monitor
Failing to monitor the baby and mother's condition during labor adequately can lead to missed signs of distress and delayed interventions, increasing the risk of birth injuries.
B. Improper Procedures
Using incorrect techniques or force during delivery or misusing delivery tools like forceps or vacuum extractors can directly cause birth injuries. Such cases often form the basis for a birth injury lawsuit due to medical negligence.
The Signs of a Birth Injury
- Difficulty Breathing: Newborns with birth injuries may struggle to breathe or require immediate respiratory support.
- Seizures: Seizures in the first few days of life may indicate a birth injury, especially involving the brain.
- Lack of Movement: If a baby doesn't move one or more limbs, it could signal nerve damage or a brachial plexus injury.
- Feeding Problems: Difficulty sucking, swallowing, or feeding can be signs of a neurological injury or other birth-related issues.
- Excessive Crying: While newborns cry, excessive crying may indicate pain from an undiagnosed injury.
- Developmental Delays: Missing developmental milestones can indicate a birth injury affecting the baby's growth and development.
- Physical Deformities: Visible signs like misshapen heads or limbs may indicate trauma or injury during birth.
Legal Considerations for Birth Injury Cases
Navigating a birth injury case requires understanding the legal landscape, including the rights of the injured child and their family, the statute of limitations for filing a claim, and the importance of gathering comprehensive evidence to support your case.
Legal Rights of Parents and Children Affected by Birth Injuries
Parents and their children have legal rights to seek compensation for birth injuries caused by medical negligence. This compensation can cover medical bills, ongoing care costs, and pain and suffering. A Queens birth injury attorney can explain these rights and how to protect them through legal action.
Statute of Limitations for Birth Injury Cases in Queens
In Queens, NY, the statute of limitations for filing a birth injury lawsuit is typically within 2.5 years from the date of the injury. However, exceptions exist, especially for minors, which can extend this timeframe. Reach out to us to learn more.
Importance of Gathering Evidence and Documentation
Building a solid birth injury case requires thorough documentation of all aspects of the injury and its impact. Medical records, expert testimonies, and detailed accounts of the child's needs are essential for demonstrating the extent of the damages.
Steps To Follow After a Birth Injury
A. Seek Immediate Medical Attention
If you believe your child has sustained a birth injury, seek immediate medical evaluation. This will establish a paper trail of the injuries.
B. Document the Incident
Maintain detailed records of your medical visits, treatments, and communications with healthcare providers. This documentation will be vital for your legal case.
C. Contact a Birth Injury Attorney
Consulting with a Queens birth injury attorney will help protect your rights. This also starts the process of seeking compensation. Davidoff Law offers a free consultation to discuss your case.
D. Know Your Rights
Knowing your legal rights is critical after a birth injury. A lawyer can explain your rights and the potential for compensation due to medical negligence.
E. Follow Medical Treatment Plans
Adhering to prescribed medical treatments and therapies is essential for your child's recovery and can demonstrate the impacts of the injury in a legal case.
F. Document Damages
Record all costs related to the injury. These include medical bills, therapy costs, and any modifications needed for your home or car. These records are essential for calculating damages.
G. Consider Resolution Options
Your attorney will discuss resolution options with you, including settlement negotiations or proceeding to trial. We want you to make the best decision for your interests.
H. Focus on Child's Well-Being
Focusing on your child's health and well-being is paramount throughout the legal process. Ensure they receive the care and support needed to thrive despite their injuries.
Determining Liability for a Birth Injury in Queens, NY
Determining liability in a birth injury case involves proving that medical negligence occurred and directly caused the injury. This requires thoroughly investigating into the medical care provided before, during, and after delivery. A Queens birth injury attorney will review medical records, consult medical experts, and gather evidence to build a strong case against those responsible.
Calculating Damages in Queens Birth Injury Cases
Economic Damages
- Medical Expenses: Include immediate and emergency care costs following the birth injury, documenting every expense to ensure complete coverage.
- Future Medical Costs: Project future medical expenses, including surgeries, therapies, and any specialized care the child will need.
- Lost Earnings: If the injury affects the child's job ability, compensation can include estimated future earnings losses.
- Cost of Special Education or Care: Additional costs for special education services, caregiving, or home modifications to accommodate the child's needs are recoverable damages.
Non-Economic Damages
- Pain and Suffering: Compensation for the child's physical pain and suffering due to the injury, which can be significant in severe cases.
- Emotional Distress: Addresses the psychological impact on the child and their family, including anxiety, depression, and trauma.
- Loss of Enjoyment of Life: Reflects the diminished ability to enjoy life's activities and experiences due to the limitations of the catastrophic injury.
Our Queens Birth Injury Attorney Can Assist You With Your Claim
A. Initial consultation and case evaluation
During your free consultation, we'll evaluate your case, go through the details of the birth injury, and discuss your legal options. This is a critical first step in understanding your rights and the potential for compensation.
B. Legal representation throughout the legal process
Our attorneys provide comprehensive legal representation, from filing the lawsuit to negotiating settlements or representing you at trial. We'll handle all aspects of your case, allowing you to focus on your family.
C. Investigative support and gathering of evidence
We conduct complete investigations, including reviewing medical records, consulting with medical experts, and gathering evidence to support your claim.
D. Negotiation with insurance companies and healthcare providers
Our skilled negotiators will work to secure a fair settlement from insurance companies and healthcare providers, aiming to compensate you for your losses without needing a trial.
E. Trial representation, if necessary
Our attorneys will represent you in court if a fair settlement cannot be reached. We will put forth a solid case to achieve the best possible outcome.
Call Our Queens Birth Injury Attorney at Davidoff Law Personal Injury Lawyers Today for a Free Consultation
If your child has suffered a birth injury in Queens, NY, you don't have to face the aftermath alone. Davidoff Law Personal Injury Lawyers have the expertise and compassion to help you navigate this challenging time. Contact us today to schedule a free consultation.
