Child Birth Injury in New York, NY

Becoming a parent changes New Yorkers. It is a seminal 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.

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 City. 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 City attorney to help fight for your family.

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 New York, 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 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 are not reached.

The City reports that a Brooklyn doctor is under investigation for the death of a mother under his care, while she gave birth. While giving birth at Woodhull Hospital, Asia Washington died under the care of anesthesiologist Anatolevich Shelchkov. He far passed medically accepted standards when administering her epidural, refused to administer oxygen when she complained of shortness of breath, and failed to keep adequate records during and after the delivery.

Beyond this, 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. 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 New York, 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 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

Infections

Most women are forced to deal with infections from time to time. But contracting infections during pregnancy can be harmful to your child. According to the National Health Service, infections such as chicken pox, CMV, and Group B Streptococcus are incredibly dangerous for an unborn child.

Additionally, animal transmitted viruses such as toxoplasmosis or Hepatitis E, are also extremely dangerous.

Bruising

Both mother and child have the potential for bruising during the childbirth process. Baby Centre attests that mothers can receive bruising from the head of the baby passing through the birth canal, but can also receive bruising if forceps or a vacuum are used. In addition, if an episiotomy is required, the stitches can leave considerable bruising 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 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 City residents can take a measure of ease unknowing that the state 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 City attorney to help you fight for your rights.

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

If you suspect child birth injury medical malpractice in New York, 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!