Similar to medical malpractice, birth injuries occur when medical professionals stray away from the accepted standards and norms and act negligently or carelessly. Some of the most common causes of birth injuries are:

• Negligent prenatal care
• Prolonged labor and delivery
• Failure to perform a timely cesarean section
• Oxygen deprivation
• Improper use of forceps, vacuum extractors, and other medical devices
• Failure to monitor the child's vital signs and heart rate
• Failure to recognize signs of fetal distress
• Staff miscommunication

Substandard medical care can result in birth injuries before, during, or after delivery. Injuries vary depending on how and why the child got hurt. Field Law Group, P.C. has handled many birth injury claims, including those involving:

• Asphyxia: A child may be unable to breathe if the umbilical cord is wrapped around their neck or if delivery is delayed. Lack of oxygen could cause brain damage, resulting in physical or mental disabilities.
• Brain Damage: Undiagnosed or untreated infections, oxygen deprivation, and misuse of delivery tools commonly cause infant brain damage.
• Broken Bones: Broken bones are common when improper forceps and vacuum extractors are used.
• Cerebral Palsy: Brain injuries can cause cerebral palsy, a condition that affects a child's posture, balance, and mobility. Cerebral palsy is typically the result of negligent prenatal care.
• Spinal Cord Injury: Spina bifida, a condition where the child's spine fails to develop and close properly, is related to many spinal cord injuries. When undiagnosed, someone touching the spine could cause significant damage.

While some congenital disabilities are inevitable, other injuries sustained during delivery are caused by medical negligence. Unfortunately, proving that an error caused your child's injuries can be highly complex. You'll have to show how the medical professional willingly or negligently caused your child's injury and have evidence to support the claim. To recover compensation, you must prove the following: 

• The medical standard of care in the specific setting.
• The doctor, nurse, or healthcare provider made a mistake that breached the standard of care.
• The mistake caused your child's birth injury.

Expert witness testimony may be necessary in many cases to win your case. Rest assured, our personal injury firm works with highly trained investigators, medical experts, and more to prepare thoroughly in case your case has to go to trial.

Since it depends on the situation, there's no exact answer. That said, our attorneys can evaluate your claim to help you understand the level of compensation available in your case.

A birth injury can drastically change you and your child's life. Some babies may need lifetime care, specialized education, and suffer consequences into adulthood. In birth injury cases, factors that may affect how much your personal injury case is worth, include:

• The nature of your child's injury.
• How the injury will affect your baby's childhood, education, and future career prospects.
• The estimated cost of future medical treatment.
• Whether the injury involves your child's quality of life.
• Any lost wages and out-of-pocket expenses.

Under New York state law, you have two years and six months to file a birth injury lawsuit if you were an adult injured during childbirth. These deadlines are called the statute of limitations and will expire if you wait too long.

If your child was harmed, they might have the right to file a lawsuit once they turn 18. In these cases, the statute of limitations can be tolled ten years from the date they learned of their injury. If your child dies from their injuries, you have just two years to pursue compensation for your devastating loss. There's limited time to bring a lawsuit and recover damages, so call us today to learn more about your legal rights and options.