Having a baby is one of the most exciting and rewarding things that a person or couple can experience, and parents and expecting parents know that nothing matters more in the world than the health of their child. Unfortunately, childbirth doesn’t always go smoothly, and childbirth injuries are more common than they should be in the United States. In fact, in 2006 alone, there were 157,700 injuries to mothers and babies during childbirth that may have been preventable, according to the Agency for Healthcare Research and Quality (AHRQ).
If your child has sustained a birth injury caused by the negligence of a doctor or other medical professional or hospital staff member either during prenatal care or during childbirth, you may be entitled to compensation in New York. A birth injury attorney can help pursue fair compensation for damages.
Types of Child Birth Injuries
Child birth injuries range in severity, varying from minor abrasions and bruises to more serious ailments. Shoulder dystocia – when the baby’s shoulder gets stuck in the birth canal – for example can lead to injuries like brachial plexus palsy.
Other types of birth injuries that may occur as a result of negligence during labor and delivery include:
- bone fractures
- facial paralysis
- spinal cord injuries
- cerebral palsy
- fetal hypoxia
- brain injuries
While the list above provides many types of injuries that may occur to a fetus or newborn during prenatal care or the birthing process, it is by no means a complete list.
Types of Birth Negligence
While some birth injuries occur naturally, many others occur due to the negligence of a medical professional during the gestation process or while the mother is giving birth. Common acts of negligence include:
- failing to use surgical tools properly,like a vacuum extractor or forceps;
- failure to correctly administer the right dosage of medication or other drugs, such as Pitocin;
- failure to act quickly in the case of an emergency;
- failure to perform a cesarean section when necessary;
- failure to perform appropriate physical exams or lab exams; and
- failure to respond properly to problems during pregnancy.
If your baby has sustained an injury during birth or pregnancy, and you believe the cause of this injury to be the negligence of your doctor or another medical practitioner, seek help from a New York birth injury lawyer.
How a New York Birth Injury Attorney Can Help
In New York, there is a statute of limitations to filing a medical negligence claim in regards to a birth injury. Typically, the medical malpractice statute of limitations is only two and a half years from the time of injury; however, because the child is under the age of 18, this is sometimes extended to three years after the child turns 18. However, no action may be commenced more than 10 years from the act or omission that led to the injury.
If your child has suffered an injury in New York, the birth injury attorneys at Gacovino, Lake & Associates, P.C. can help you to understand your rights, show you what you’ll need to prove negligence, and guide you through the process of filing your claim. To get started immediately, call us today at 800-550-0000.
