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New York Birth Injury Lawyer

What is a Birth Injury?

A birth injury can include injuries that occur to the mother or baby during the labor and delivery process. Frequently, babies or mothers suffer serious problems as a result of negligent prenatal, delivery or post-delivery care. In these cases, the injury occurs while the baby is in utero or due to injuries during the birthing process, such as improper fetal monitoring or improper delivery. A birth injury may involve:

  • Mental Retardation
  • Cerebral Palsy
  • Erb's Palsy
  • Hypoxi Ischemic Encephalopathy (HIE)
  • Complications due to Cesarean Sections
  • Brain injuries caused by oxygen deprivation
  • Wrongful death of the child or mother

Pre-Natal and Birthing Healthcare

Medical providers should provide the greatest care during the pre-natal and birthing process as both mother and baby are in vulnerable states of health. Health care professionals may be held liable for a pre-natal injury and an injury sustained during birth that include the following:

  • Difficult or prolonged labor
  • Failing to detect the umbilical cord wrapped around a baby's neck
  • Unreasonable delay in performing an emergency Cesarean section
  • Failure to test and treat conditions during pregnancy, or misdiagnosis for conditions such as: diabetes, pregnancy induced hypertension, preeclampsia, preterm labor, chorioamnionitis, maternal infection, group B strep infection, placenta previa, vasa previa
  • Failing to recognize fetal distress

Common Birth Injury

One of the most common factors in a birth injury is oxygen deprivation to the brain during the birthing process. Approximately 10,000 babies each year develop cerebral palsy (a condition that affects the ability to control motor functions) as a result of a lack of oxygen. Oxygen deprivation can also cause other health problems for newborns including mental retardation, hypoxicischemic encephalopathy, and other types of brain damage.

Other preventable traumatic obstetric birth injuries that can harm babies and their mothers include:

  • Brachial Plexus Palsy
  • Klumpke's Palsy
  • Torticollis Fractures
  • Spinal cord trauma
  • Cephalohematoma
  • Intracranial hemorrhage

What should be done if a Birth Injury occurs?

Many medical professionals take great care to make sure that a birth injury is prevented. If a birth injury occurs due to medical malpractice & negligence, those at fault may be held liable for the pain and suffering their actions may have caused. In many cases, the injuries sustained at birth can lead to lifelong health-related problems for both infants and their mothers.

Legal Help for Labor and delivery Birth Injury Victims

If you, or your child have suffered a serious labor and delivery injury due to a complication at birth that you believe is due to negligence on the part of a doctor or hospital, consult a lawyer at the Finz firm experienced in birth injury litigation today toll free at (855) TOP-FIRM or simply fill out the Free Birth Injury Case Evaluation form.

Related News for Birth Injuries

What is Shoulder Dystocia, and What Causes It?

November 20, 2019 | Finz & Finz, P.C.

Shoulder dystocia is a delivery complication that occurs when an infant’s shoulders become lodged in the mother’s pelvis. The infant’s brachial plexus nerves could be damaged, causing complications like Erb’s Palsy or Klumpke’s Palsy. 

Continue Reading: What is Shoulder Dystocia, and What Causes It?

Nerve Injuries During Birth: How Do They Happen?

November 11, 2019 | Finz & Finz, P.C.

An infant could suffer a nerve injury before birth or during delivery. The three most common kinds of birth-related nerve injuries are facial nerve, brachial plexus, and phrenic nerve injuries. The fourth kind of nerve injury, spinal cord nerve injuries, is rarer but is often more severe and could potentially result in paralysis.

Continue Reading: Nerve Injuries During Birth: How Do They Happen?

Birth Injuries: If You Worry Something Went Wrong

September 01, 2019 | Finz & Finz, P.C.

Sometimes a mother just knows.  Though there are certain complications which indicate that a birth injury may have occurred, such as the baby being born gray or blue, or indications the umbilical cord may have strangled the child, or a prolonged and difficult birth with changes in fetal heart rate, sometimes the delivery seems to go smoothly from the mother’s point of view but she still feels something is wrong.

Continue Reading: Birth Injuries: If You Worry Something Went Wrong

The Role of the Placenta

August 08, 2019 | Finz & Finz, P.C.

Placental previa (or placental detachment) is a dangerous condition that puts the lives of both baby and mother at risk.  To understand some of the reasons why, it is important to understand what the role of the placenta is, and how the function of this unique organ is integral to having a healthy child.

Continue Reading: The Role of the Placenta

Placental Abruption Risk Factors

June 28, 2019 | Finz & Finz, P.C.

Placental abruption when the placenta separates from the uterine lining unexpectedly, resulting in significant dangers to the unborn baby.  The placenta is responsible for carrying nutrients and oxygen from the mother to the fetus, and is the primary connection between the mother and her child until the child is safely delivered.  When the placenta is not functioning properly, the baby may suffer oxygen deprivation or malnutrition.

Continue Reading: Placental Abruption Risk Factors

Proper Acute Treatment for Anoxic Brain Injury Still Lacking

April 29, 2019 | Finz & Finz, P.C.

Anoxic brain injuries are a common brain injury that usually results from a failure of the medical team to promptly deliver a child who is suffering from birth complications.  This may be due to umbilical cord strangulation, placental detachment, or a variety of other problems, including trauma from improper use of delivery tools such as forceps.

Continue Reading: Proper Acute Treatment for Anoxic Brain Injury Still Lacking

Birth Injury Symptoms Not Always Immediately Apparent

April 27, 2019 | Finz & Finz, P.C.

Birth injuries occur all too often, and much of the time these devastating conditions are the fault of medical error by the labor and delivery team.  Whether it be failure to respond to an irregular heartbeat or trauma caused by using forceps or other delivery-assisting devices, doctors continue to injure babies at an alarming rate. 

Continue Reading: Birth Injury Symptoms Not Always Immediately Apparent

C-Sections Often the Only Way to Avoid Birth Injuries

March 28, 2019 | Finz & Finz, P.C.

America has one of the highest rates of C-Section in the world, though the reason for the higher rate is not entirely clear.  There are some indications that mothers and doctors wishing to schedule deliveries increases the likelihood of this form of delivery.  There is also evidence that American doctors may be more likely to order a C-Section if a mother fails to progress quickly enough in labor for the doctor’s taste.

Continue Reading: C-Sections Often the Only Way to Avoid Birth Injuries

The Risks with Delayed C-Sections

June 12, 2017 | Finz & Finz, P.C.

The labor and delivery process can be very difficult.  Oftentimes, the woman giving birth does not understand her options.  She relies upon her doctor, the professional, to help her make the best choices she can as quickly as needed.  In best case scenarios, the doctor presents the information and helps the patient make an informed decision.

Continue Reading: The Risks with Delayed C-Sections

Birth Injuries: Minimizing Damage of Hypoxic Ischemic Encephalopathy

April 27, 2017 | New York Birth Injury Law Firm, Birth Injury Law Firm New York, Manhattan Birth Injury Law Firm, Manhattan Attorneys for Birth Injuries

There is new hope for minimizing the damage suffered by children who suffer from Hypoxic Ischemic Encephalopathy (HIE).  HIE is associated with oxygen deprivation during a traumatic birth, often due to medical decisions or procedures utilized without adequate medical monitoring.

Continue Reading: Birth Injuries: Minimizing Damage of Hypoxic Ischemic Encephalopathy

Fiscal Concerns After Birth Injury or Traumatic Brain Injury

March 22, 2017 | Finz & Finz, P.C.

Care is almost always the first concern.  If your child or loved one suffers a birth injury or Traumatic Brain Injury that leaves them unable to care for themselves, finding someone to provide care is extremely difficult.  There are limited options, and often it falls back on the family to manage the daily living situation of the person with a disability.

Continue Reading: Fiscal Concerns After Birth Injury or Traumatic Brain Injury

Birth Injuries: Viability

November 05, 2015 | Finz & Finz, P.C.

It’s easy to blame the mother whenever anything goes wrong during pregnancy.  But research suggests there are a variety of reasons for things like premature labor and injury during birth, and that many of these have a lot more to do with what the doctor does (or doesn’t do) than what the mother does.

Continue Reading: Birth Injuries: Viability

Birth Injury: Braxton Hicks and Premature Births

February 24, 2015 | Finz & Finz, P.C.

Braxton Hicks.  Every expectant mother has heard those words.  Braxton Hicks contractions are the warm-up to the real thing, esentially, practicing for the big day.  As the due date approaches, women become accustomed to feeling the tightening of Braxton Hicks contractions.  At least, that’s what the expectant mother thinks she is feeling.

Continue Reading: Birth Injury: Braxton Hicks and Premature Births

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