Expectant mothers assume that their OB/GYN and medical team will do everything possible to safely bring their child into the world. Unfortunately, doctors and nurses make mistakes that can cause life-altering injuries to babies and their mothers. Negligent medical care and rushed decisions cause thousands of New York birth injuries every year. If your child has been injured due to a negligent medical provider, your family may be entitled to compensation through a birth injury lawsuit. The Central New York and Syracuse attorneys at CDH Law PLLC work diligently to hold negligent medical professionals accountable for the devastating injuries they’ve caused. Our goal is to obtain the maximum compensation you need and deserve. Contact CDH Law PLLC today to schedule your free case assessment.
Common Causes of Birth Injury
Doctors, nurses, and other healthcare providers must provide the best care possible for their patients. Doctors can’t guarantee that birth will go seamlessly, but they have a responsibility to provide patients with competent care to prevent unnecessary complications and injuries. Most birth injuries happen because a doctor or other medical professional acted carelessly or negligently. Some of the most common causes of birth injuries include the following:
- Improper use of forceps
- Improper use of vacuum tools
- Unnecessary delay when performing a cesarean section
- Failure to notice that the baby’s medical condition has changed
- Failure to diagnose or treat premature uterine rupture, infections of mother or baby, trapped umbilical cord, or placental abruption
- Lack of communication with other doctors regarding concerns about baby or mother
- Lack of adequate prenatal testing
- Not referring a high-risk mother to other medical specialists during pregnancy
- Incorrect use of Pitocin
- Not performing tests during pregnancy that could detect a problem earlier
- VBAC delivery
Proving Liability in a Birth Injury Lawsuit
Birth injury claims are one type of medical malpractice claim. To make a successful medical malpractice claim, you will need to show that the medical provider’s actions or inaction were unreasonably incompetent and did not meet the accepted standard of care. An attorney can help you gather evidence that shows that the medical professional’s mistakes were the direct cause of the injury to the baby or mother. At CDH Law PLLC, we have the resources and network necessary to work with medical experts and investigators to gather evidence proving the medical professional’s negligence.
Asphyxia Birth Injury
When an umbilical cord is wrapped around the baby’s neck, or delivery is delayed unnecessarily, the baby may not be able to breathe. A lack of oxygen, even for a short time frame, can cause devastating brain damage. This type of brain damage can cause ongoing physical and mental disabilities and developmental delays.
Brachial Plexus Injury
Brachial plexus injuries can happen when a child’s shoulders get stuck behind the mother’s pelvis during the delivery. If a doctor doesn’t address the problem quickly, the baby’s spinal cord nerves can become damaged or torn during delivery. The baby’s ability to move its hands, fingers, and arms can become compromised.
Many different types of medical malpractice can result in preventable brain damage for a baby. Brain damage can have long-lasting consequences and can cause cerebral palsy and developmental delays. Undiagnosed or untreated infections, oxygen deprivation, misuse of delivery tools, and infant jaundice are leading causes of brain damage-inducing birth injuries.
When doctors do not use forceps and vacuums correctly or haven’t received enough training, these tools can cause broken bones during delivery.
Spinal Cord Injury
Spinal cord injuries can be devastating for babies and young children. A child may have had undiagnosed spina bifida while in utero. Spina bifida is a condition that occurs when the vertebrae don’t fully wrap around the spinal column nerves. When left undiagnosed, doctors and nurses may touch the spine and cause more damage. Spinal cord injuries can cause limited mobility, paralysis, and chronic pain.
Cerebral palsy can be among the most devastating medical conditions caused by negligent doctors and providers. A lack of oxygen to the brain, brain bleeds, and misuse of forceps can all cause cerebral palsy. Cerebral palsy affects a child’s posture, balance, and mobility. It’s also the most common motor base disability in children. A child with severe cerebral palsy may not be able to care for himself or herself and need ongoing, round-the-clock medical care. Children with cerebral palsy may need surgeries and typically benefit from physical and occupational therapy.
Demanding Maximum Compensation for Injured Children and Their Families
Birth injuries can result in a lifetime medical condition for a child. Many birth injuries, including spinal cord injuries and cerebral palsy, require a lifetime of medical treatments, physical and occupational therapy, and other medical expenses. In many cases, a parent needs to quit work or reduce his or her hours to care for the medical needs of the child. Medical injuries can leave families financially devastated and unsure about how they will move forward.
Pursuing a medical malpractice lawsuit with the help of an experienced attorney can help families recover the compensation they need. Successful plaintiffs are entitled to economic and non-economic damages. Economic damages include all of the easily quantifiable expenses related to the birth injury. Past and future medical expenses, durable medical equipment, and any other expense related to the birth injury are included in economic damages. Non-economic damages include pain and suffering and emotional distress caused by the birth injury.
How Long Do I Have to Bring a Birth Injury Claim?
Experiencing a birth injury due to a medical professional’s negligence is heartbreaking and can be financially devastating. The Central New York, Syracuse, and Onondaga County birth injury attorneys at CDH Law PLLC can assist you with every aspect of your claim for compensation. From gathering evidence and interviewing witnesses to negotiating a settlement, we will represent your best interest. Our personal injury attorneys have extensive experience in court and will be prepared to take your case to trial, when necessary. Contact us today to schedule your free consultation.
Carden Dotzler Hammond, PLLC represents birth injury victims in Syracuse and in the following towns and villages of Onondaga County: Camillus, Cicero, Clay, Dewitt, Elbridge, Geddes, Manlius, Marcellus, Onondaga, Salina, Skaneateles, Baldwinsville, East Syracuse, Fayetteville, Liverpool, North Syracuse, and Solvay.