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New York Birth
Injury Lawyers
Birth injury refers
to a
newborn baby suffering from a physical injury that is
the result of the birth process. Birth injuries are
usually the result of trauma inflicted upon the baby
during the labor and delivery process. They commonly
arise when there are complications during delivery of
the baby. Birth injuries range from small bumps and
bruises to lifetime impairment caused by physical injury or
brain damage.
Birth injuries can
sometimes be the result of physician malpractice or
negligence. A birth injury can occur if a physician
does take not take adequate steps in monitoring both
the health and condition of the baby and mother. A
physician that fails to act properly after observing signs of
distress during pregnancy or delivery can also cause
significant injury to both the newborn and the mother.
It is important to
note that not all birth injuries are the result of
malpractice or negligence. Some birth injuries (and
defects) are unavoidable. In forming a lawsuit it is
important to show that the medical providers failed to
give proper and adequate medical care and advice during
pregnancy or delivery.
Birth injuries can be
caused by a variety of situations that arise during
pregnancy and delivery.
If left untreated such
situations may have drastic results. The common situations
that arise include:
-
Oxygen deprivation
- Unusual positioning of the baby during birth that
can cause difficulty in traveling through the birth
canal
- Excessive force acted upon the baby during the
birthing process
-
Delays in performing a cesarean section
-
Improper use of forceps can result in serious
injuries such as shoulder dystocia. According to
Wikipedia: "Approx. a fifth of human labors have
dystocia. "Pregnancies complicated by dystocia often end
with assisted deliveries including forceps, ventouse or,
commonly, caesarean section"
The worst of possible
birth injuries are the ones that affect the baby’s
brain. Such injuries lead to long-term, even lifelong,
disorders (such as seizures) and even mental
retardation. Birth injuries that are associated with
malpractice and negligence include:
-
Cerebral Palsy
-
Erb’s Palsy
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Klumpke’s Palsy
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Brachial Plexus Palsy
-
Fractures
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Cephalohematoma
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Asphyxia neonatorum
-
Fetal Anoxia
Mild birth injuries
are not uncommon. Complications that arise during pregnancy
and delivery can lead to harm for both the mother and/
or
the newborn. It is important that the medical team monitor
both the condition of the mother and baby at all times
during labor and childbirth. The physician should be
aware of possible complications that may arise based on
gathered information regarding the fetus and medical
history of the mother. Failure to apply adequate
monitoring and/or responding to complications that arise
may be grounds for malpractice and negligence.
In court, the accused
negligent healthcare provider will have attorneys that
will try to refute and devalue your case. Having a
birth injury attorney on your side will help fight and
counter the testimony given by the healthcare provider.
You Have the
Right to Receive Proper Compensation for the Injuries
Sustained from a preventable Birth Injury or Negligent Health Care Provider!
Don't wonder
about your rights!
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