New York Medical Malpractice Lawyers representing New York families in Birth Injury Cases
Each year, countless mothers and babies suffer injury during the birthing process. While most birth injuries are not a result of medical malpractice, many could have been avoided if the medical professional had taken the proper amount of care. Call Birth Injury Attorneys of The Rybak Firm, PLLC., today for a free consultation and case reveiw to determine if your child’s injuries were the result of a medical professional’s negligence.
What are some common types of birth injuries in New York City?
Birth injuries vary from relatively minor to severe enough to lead to lifelong physical or cognitive disabilities and even a decreased lifespan. Some of these more severe injuries require ongoing medical care and home health assistance, as well as planning for care at the end of the parents’ lifetimes.
Some common birth injuries are:
- Brachial plexus palsy or Erb’s Palsy
- Bone fractures
- Cephalohematoma of the head
- Caput succedaneum, usually from vacuum extraction
- Perinatal asphyxia
- Intracranial hemorrhaging
- Subconjunctival hemorrhaging
- Paralysis of the mouth, eyes, or other parts of the face
- Spinal cord injuries
- Cerebral palsy
How negligence leads to birth injuries?
Some birth injuries are due to unforeseen complications in the birthing process or other unavoidable problems. Some are even due to mistakes that most doctors could have made in the same situation. Birth injury claims come into play when injuries occur due to a negligent doctor making an avoidable mistake or taking an action another reasonable professional would not have taken.
If you or your child experienced any of the following, negligence could play a role in your baby’s birth injury. You should call an NYC Medical Malpractice Lawyer as soon as possible if your child suffered injuries due to a doctor who:
- Failed to properly monitor vital statistics, including fetal heartbeat and oxygen intake
- Failed to react to fetal distress or heartbeat irregularities
- Failed to observe or react to an umbilical cord issue during labor or birth
- Failed to properly consider the baby’s size when determining risks
- Failed to prevent or properly treat unexpected bleeding
- Delayed ordering a necessary C-section
- Administered the wrong dose of Pitocin, or otherwise administered the drug incorrectly
- Used forceps, a vacuum extractor or other birth-assisting tools improperly
- Failed to diagnose or treat maternal conditions including preeclampsia, diabetes, or infections
In addition, some birth injuries occur shortly after birth instead of during the process itself. These may include problems during circumcision, failure to diagnose or treat an infection, and even dropping the baby shortly after birth.
How can I prove liability in a birth injury case?
In some cases, your doctor makes all of the right decisions and exercises competency throughout the birthing process, yet your baby still suffers birth injuries. Things happen and in this case, you likely do not have a case. However, if your doctor failed to give you or your baby proper care or adequate treatment for complications during your pregnancy or delivery, you may have a case.
In order to prove a doctor is negligent, you must show that he acted in a manner incongruent with the generally accepted standard of care provided by other doctors with the same training and experience. You can do this through the testimony of an expert witness with similar training and background.
In addition, you will also need other evidence to support your negligence claim and demonstrate the level of compensation your child deserves. This often includes:
- Your medical records pertaining to the pregnancy and birth
- Your child’s medical records
- Expert testimony from doctors
- Testimony from your child’s therapists and caregivers about future care
- Receipts and other proof of expenses
By proving your child’s birth injury stemmed from the doctor’s negligence, you can collect compensation for the damages you and your baby suffered. Depending on your child’s individual situation and future prognosis, the covered damages may include:
- Acute medical care
- Ongoing treatment and therapies
- Special tools necessary to help a child with special needs
- Ongoing care costs
- Pain and suffering
- Compensation for the parents’ emotional distress
How can New York Medical Malpractice Lawyers of The Rybak Firm, PLLC., help with a birth injury claim?
The Rybak Firm, PLLC., works closely with the families of babies who suffered avoidable birth injuries, insuring they get the compensation they need to provide their child with the best possible life.
If you believe a negligent doctor, nurse or other practitioner caused your child’s birth injury, we can help. Contact our offices at (718) 307-5554 to schedule a free consultation with one of our New York Medical Malpractice Lawyers and learn more. We are available 24/7.
Medical Malpractice Lawyers Near Me
Our offices are located in Brooklyn, NY, however we serve the entire NYC Metro Area and represent clients in every borough of New York City. Our Medical Malpractice Lawyers are able to travel to you if you are unable to meet at our offices due to an injury. We also provide free transportation to and from our offices.
Our office address is:
1810 Voorhies Ave
Suite #7
Brooklyn, NY 11235