Child Birth Injury in New York

Becoming a parent changes people. It is a singular moment that transforms an individual from irresponsible to responsible. From selfish to selfless. From living a life for themselves, to living a life for someone else. It is a seminal moment.

This moment can be dashed, however, if your newborn child receives injury due to medical malpractice or negligence. Fractures, paralysis, and even death of the child is not unheard of in New York. There could also be complications with the mother’s recovery. If you have experienced a scenario such as this, you may want to contact an experienced New York attorney to help fight for your family.

What Causes a Childbirth Injury?

While enduring delivery, was a medical professional negligent towards you and did damage occur as a result? If so, affected parents have a chance of bringing a medical malpractice lawsuit for compensation in New York.

During the labor and delivery process, timing and action are two crucial elements. Sometimes an infant suffers a birth injury. This can mean that a medical practitioner either made a poor judgment call or failed to act appropriately. However, if the New York 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 come, and are not reached.

It can be very easy, almost tempting, to feel that you are going through a terrible trauma alone. This is no different if your child has sustained an injury during childbirth. However, NPR reports that an injury experienced during childbirth has led one mother to start a podcast to alleviate this feeling in herself, and others. During a very difficult birth, Hillary Frank received an episiotomy to prevent tendon rupture. However, the surgical cut did not heal properly and has left her with lasting injuries.

Even further, there are quite a few scenarios that may cause a child to sustain an injury while being born in New York. 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. New York medical professionals may intervene and use a vacuum to assist. The 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. Attending medical professionals may use forceps to help move it 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.

Still, 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 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 an infant 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 New York?

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

Failed Induction

The Mayo Clinic reports can bring a host of other problems to both mother and child. An induction is considered a failure if it does not result in a vaginal delivery within 24 hours. Certain methods of induction, such as rupturing the surrounding membranes, can lead to infection and even a low fetal heart rate. If an induction fails, a cesarean, or C-Section, is almost always necessary.

Cord Compression

Cord compression occurs when the umbilical cord becomes stretched and compressed during labor, restricting blood flow to the infant and causing sudden short drops in the fetal heart rate. The American Pregnancy Association states that prolonged cord compression can lead to a buildup of CO2 in a child’s bloodstream, and produce respiratory acidosis.

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 New York, 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.

New York has experienced a 13% drop in its infant mortality rate during the years between 2009 and 2019. 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 in New York, you may want to contact an experienced New York attorney to help you fight for your rights.

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

If you expect birth injury medical malpractice in New York, you should take action. Cases can vary sharply depending on the state in which the injury occurs. 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!

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