Parker Waichman LLP > Personal Injury Lawyer > Birth Injury Lawyer

Birth Injury Lawyer

Every parent hopes for an easy delivery and a healthy infant. Throughout the pregnancy and the labor and delivery process, all parents place a significant amount of trust in medical professionals. While medical technology and knowledge have increased over the years, preventable birth injuries still happen. These birth injuries can be the result of a medical professional failing to uphold the standard of care. These standards are put in place to provide every patient with the highest level of care and to prevent injuries from occurring.

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Birth Injury Law Firm

When a medical professional fails to follow a reasonable standard of care, they may be held liable when their negligence results in a birth injury. At Parker Waichman LLP, we know how devastating and overwhelming the aftermath of a birth injury incident can be and we want to help. Our experienced birth injury lawyers understand the importance of recovering fair compensation after this type of unfortunate event and can help you recover the justice you and your child deserve for an injury that was caused by the negligence of another.

What Birth Injuries Are Caused By Medical Malpractice?

A healthcare professional must prevent harm to a patient, including a newborn child. Some medical professionals will fail to meet this standard of care and will put infants at risk of life-changing and permanent injuries.

Common types of birth injuries can include:

Brachial Plexus

Brachial plexus is a condition that involves the stretching of the nerves around the shoulder. The brachial plexus can result in weakness in the arm or paralysis.

Brain Injuries

A brain injury can cause mild to severe brain damage, resulting in developmental delays or intellectual disabilities. If a physician fails to treat a brain injury promptly or causes the injury, they can be held liable.

Cerebral Palsy

Cerebral palsy is one of the most well-known birth injuries. Cerebral palsy is a chronic condition that has no cure. While the cause of cerebral palsy is not always due to medical malpractice, if negligence did cause an infant to sustain this serious injury, steps must be taken to protect the child.

Erb’s Palsy

This birth injury is another form of brachial plexus and it affects the shoulder. Erb’s palsy is often sustained during strenuous labor where excessive force moves the shoulder past its normal functioning point.

Hypoxic Ischemic Encephalopathy (HIE)

HIE is a condition in which the reduced flow of blood and oxygen results in severe brain damage. Common causes of hypoxic-ischemic encephalopathy include birthing trauma and uterine rupture.

Spinal Cord Injuries

A spinal cord injury is one of the most catastrophic forms of birth trauma that can occur. A spinal cord injury can result in paralysis or the body’s inability to regulate itself.

What Are Common Causes of Birth Injuries?

Complications during labor are one of the major causes of birth injuries. However, with proper management, most birth injuries can be prevented.

Other causes of birth injuries include:

Trauma during delivery
Improper treatment and medication
Improper monitoring
Failure to detect fetal distress
Oxygen deprivation due to issues that occurred with the infant’s blood supply through the umbilical cord or placenta
The infant remaining in the birth canal for too long
Failure to identify and treat problems during pregnancy
Delayed C-section
Improper use of forceps or vacuum extractors
Placental abruption
Preeclampsia
Peripheral nerve injuries

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If you or a loved one has been injured in an accident or have been injured by another party in some other way, we are here to stand up for your rights. Our personal injury attorneys have been representing injury victims and their families in Long Island and throughout the nation since the early 1980s.

What Compensation Can I Recover from My Birth Injury Case?

The compensation you and/or your child are entitled to after a birth injury can vary and will depend on the circumstances surrounding the incident.

In some cases, a victim of a birth injury can recover the following types of compensation:

Medical expenses
Lost income and benefits
Out-of-pocket expenses
Pain and suffering
Emotional trauma
Diminished quality of life
Diminished earning capacity

A birth injury lawyer may consult with experts to accurately assess damages, such as the cost of future medical care. This will ensure your child can continue to receive vital medical treatment that can aid in their recovery or improve their quality of life now and in the future.

How Can a Birth Injury Attorney Help?

At Parker Waichman LLP, our birth injury lawyers have helped countless clients pursue justice and compensation for birth injuries.

When you hire a member of our legal team, they can help in several ways, including:

Investigating the incident
Assessing damages
Identifying all liable parties
Communicating with the
liable parties on your behalf
Settlement negotiations

Throughout the entire legal process, a birth injury attorney on our legal team will fight for the best possible outcome to your case.

Requirements for Filing a Lawsuit

Depending on which state you reside in, certain states require you to obtain a certificate of merit and send a pre-suit notice before filing a birth injury lawsuit.

Pre-Suit Notice

In some states, before you can file a birth injury lawsuit a pre-suit notice must be given to the defendant. Along with this notice, there must be an affidavit from a medical expert that details that the claim has merit.

Certificate of Merit

A Certificate of Merit should be filed with a lawsuit or shortly after the lawsuit has been filed. A Certificate of Merit is a medical expert’s affidavit, which confirms the merit of your case. Your birth injury attorney can help you obtain a Certificate of Merit and gather medical documentation that is relevant to your case while ensuring the certificate is filed within the state’s required timeline.

Contact Us Today

If your child suffered birth injuries due to negligent medical staff or the medical facility itself, it’s time to take action. Contact a birth injury lawyer at Parker Waichman LLP today to schedule a free legal consultation and learn how our personal injury attorneys can help you fight the fair compensation your child deserves for injuries caused by the negligence of another.

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