Child Birth Injury in Albany, NY

What Albany resident could ever truly be prepared for raising an infant? The diapers, the car seats, the 2 a.m. feedings; it can all be overwhelming. Still, seeing their smiling faces look up at you makes you realize that to them, you’re a superhero.

This can all vanish though, if your child happens to be injured during the delivery process. Medical malpractice and negligence can be devastating for your loved ones, but there is a solution. You may wish to engage the services of an experienced Albany attorney if you or your child have been injured during childbirth.

What Causes a Childbirth Injury?

Was a medical professional you trusted negligent and did damage occur as a result? If so, affected parents have a chance of bringing a medical malpractice lawsuit for compensation in Albany, NY.

During any labor and delivery process, timing and action are two crucial elements. Sometimes an infant suffers a birth injury. It can mean that a medical practitioner either made a poor judgment call or failed to act appropriately. If the Albany medical provider’s actions go against the standard of care, then it may fit the legal definition of negligence.

To prove birth injury, negligence must have a direct connection to the damage. One of the most unfortunate elements of childbirth injury is not discovering the effects right away. Some injuries are discernible immediately after they happen. However, things that affect the brain may not be evident until developmental milestones are not reached.

In 2009, the Albany Times Union reported that the NY Supreme Court handed down one of the largest personal injury decisions ever decided in the state. Tiffany Busone sued Bellevue Maternity Hospital for negligence and malpractice, and was awarded over $43 million. During labor, Tiffany stopped breathing and was without oxygen for more than 10 minutes. The hospital did not properly and timely resuscitate her, and she developed cerebral palsy as a result.

Beyond this, there are quite a few scenarios that may cause a child to sustain an injury while being born in Albany. One of the following examples may apply to your circumstances.

• Improper Vacuum Usage

Sometimes a mother has difficulties delivering a baby through the birth canal. Albany medical professionals may intervene and use a vacuum to assist. This machine is a standard instrument that can help suction the baby down and out of the birth canal. The vacuum attaches to the baby’s head or shoulders. Nurses and doctors are responsible for placing it appropriately. However, sometimes the vacuum is not attached where it should be. This error can cause severe injury to the mother and the infant during childbirth.

• Improper Use of Forceps

There are other options when a mother is having difficulty delivering her child. For example, the baby can be improperly positioned in the womb.

In this case, attending medical professionals may use forceps to help move a baby through the birthing canal. Appropriate use of forceps reduces oxygen deprivation. This tool also reduces the chances of fetal distress that can result in birth injuries.

The medical professionals that are birthing a child must use extreme care. The improper use of forceps can cause severe injuries to the head. Additionally, this device can also cause nerve damage in the neck or the chest.

• Hypoxia

Hypoxia is a medical condition that occurs when the brain of a baby is not receiving enough oxygen. The most common cause before and during delivery is the umbilical cord becoming tangled around the baby’s neck.

This condition often occurs due to a damaged or infected placenta. Thankfully, most Albany, New York medical professionals can identify hypoxia well in advance. As a result, they can intercede to eliminate the chances of the infant or the mother facing harm.

However, if the professional medical staff does not take action quickly enough, asphyxiation may occur. This can result in causing a child to develop severe physical or mental disabilities. Accordingly, medical staff may be liable for any damages that happened.

• Cesarean Section Delay

An emergency C-section may be necessary due to the infant’s fetal distress. This medical event occurs when the heartbeat of the infant drops because of the mother’s blood pressure. In addition, this condition can happen when there is a placental abruption or other breathing difficulties.

In truth, there are several reasons why a doctor may perform a C-section. For example, the baby could be in the wrong position or fail to descend into the birth canal. Another qualifying situation is when the mother has labored without dilation.

In these and other circumstances, the doctor may determine whether this procedure needs to happen. It may be the only way to safely birth the baby without further damage. But, the medical staff may wait too long to perform a cesarean. If so, the consequences for mother and child could be quite grave.

What Are Some Other Possible Causes of Childbirth Injury in Albany?

Other types of medical neglect that could result in injuries to the child or the birth mother include:

• Failing to perform sufficient prenatal testing
• Not using labor-inducing drugs timely
• Failing to diagnose or treat infections, umbilical cord entrapment, placental abruption, premature rupture of the membranes or placenta previa
• Not addressing changes in the baby’s condition

Femur Fracture

While increasingly rare, Sage Journal states that you can have an occurrence where a child’s femur is fractured upon delivery. Fractures in infants generally occur when the medical staff has used too much force to remove the child from the birth canal during a difficult delivery. It is important to set an infant femur fracture correctly, as failing to do so could result in compartment syndrome.

Uterine Rupture

While it is increasingly rare, Healthline reports that a uterine rupture during pregnancy is incredibly serious to both mother and child. This complication only occurs during vaginal delivery, and occurs when there is a tear in the mother’s uterus. This then causes the child to slip into the mother’s abdomen. If not handled quickly it can suffocate the child and cause pronounced bleeding for the mother.

Why Should You Take Action for Your Child Birth Injury?

It is essential that any parent whose child has been diagnosed with a birth injury in Albany, take action to seek financial compensation. The most practical reason to pursue a childbirth injury lawsuit is to protect your financial future. A child and their mother may have to deal with a lifetime of setbacks and disabilities. The costs for treatment, medical equipment, and medications can overwhelm your budget quickly. As well, the trajectory of your life or your child’s can depend on pursuing civil action.

Albany residents can breathe a little easier knowing that New York has had a 13% drop in infant mortality. This is according to the March of Dimes. The current infant mortality rate stands at 4.7 infant deaths per every 1,000 live births. In addition, nearly 66% of these deaths occur during the neonatal phase.

If you, or your child, have experienced injury during the birthing process, you may want to contact an experienced Albany attorney to help you fight for your rights.

Work With an Experienced Local Child Birth Injury Lawyer in Albany, New York 

If you suspect child birth injury medical malpractice in Albany, you should take action. Find a local child birth injury lawyer to navigate the often difficult waters of birth injury lawsuits. We can even help you connect with an attorney across New York state lines.

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!