Nobody wants to be in a situation where they suspect a birth injury, but it’s one that several people unfortunately find themselves in. When medical professionals fail to meet the standard of care during pregnancy, labor, or delivery, it can lead to lifelong consequences for a child. If you are in New York, you must take action immediately.
“It is better to act now and find out that your suspicions are not true than to keep quiet, only for a bad situation to become worse,” says attorney Michael Duffy of Duffy & Duffy, PLLC. Considering that birth injuries might be an uncharted field for many parents, this article serves as a guide for anyone who does not know what to do in this situation.
What Constitutes Birth Injuries?
A birth injury, also called birth trauma, refers to physical harm or impairment suffered by a newborn before, during, or shortly after labor and delivery. It can range from minor injuries, such as bruises, to more severe damage, like palsies.
Common Examples of Possible Birth Injuries
Some of the most common examples of birth injuries in New York include:
- Brachial Plexus Injury: This involves injury to the nerves responsible for movement and sensation in the arms and hands due to difficult delivery. Overweight babies and babies delivered with forceps are often more prone to this injury and have symptoms like weakness or paralysis of the arms.
- Cephalohematoma: This refers to the swelling of the newborn’s head as a result of the accumulation of blood beneath the scalp. During difficult deliveries, tiny blood vessels on the scalp may burst due to excessive pressure or trauma. This condition is generally harmless and often reverses with time.
- Cerebral Palsy: This is one of the most severe and debilitating birth injuries. It occurs due to a critically reduced oxygen supply to the baby during labor and delivery for prolonged periods. This reduced oxygenation results in a group of disorders that affect muscle movement and coordination, and in more severe cases, cognitive functions.
Steps to Take After a Birth Injury
Identifying the symptoms of birth injuries is a step in the right direction, but it is not enough. If you suspect that your child may have a birth injury, here are some important steps to take:
Get a Diagnosis and Seek Treatment Immediately
If you see anything unusual, see your child’s pediatrician for a comprehensive evaluation, examination, diagnosis, and treatment. For most conditions, early intervention reduces complications and improves your child’s chances. You must ensure that your infant receives the appropriate treatment on time. If you are not satisfied with the explanations or have concerns about medical malpractice or negligence, you can speak to an attorney in New York for guidance.
Consult an Attorney for Legal Guidance
You can file a medical malpractice lawsuit against the doctor, their employer, or the medical institution. The first step is to get a lawyer who specializes in birth injury cases and has a track record of success. These professionals can provide guidance, communicate with other parties on your behalf, and help you conduct a detailed investigation.
Collect, Sort, and Store Relevant Evidence
Next, you need to gather evidence that proves that there is a birth injury and that it occurred due to medical malpractice or negligence. Your attorney can work with you to gather medical records, witness statements, photos, videos, personal notes, and testimonies from expert witnesses.
File a Comprehensive Birth Injury Claim
The statute of limitations, or the deadline for filing a lawsuit, for birth injury claims in New York depends on the type of claim. Generally, parents have 30 months from the date of the incident to file a medical malpractice lawsuit. However, if the child was injured during labor or delivery, the birth injury lawsuit must be filed before the child turns 10. If the birth injury resulted in death, a lawsuit must generally be filed within two years of the date of death.
After this deadline, you may not be able to sue for compensation. These cases are complex, and the statute of limitations can be subject to specific exceptions. Therefore, it is advisable to work with an attorney to discuss the specifics of the case as soon as possible.
Conclusion
If you suspect a birth injury, you should evaluate your medical and legal options right away. Report your suspicion to the doctors and contact a medical malpractice attorney in New York so they can advise you on how to proceed.
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