New York Birth Injury Attorney
Having a baby is safer today than ever before. However, birth injuries can still happen – the birth of a child is a draining physical experience for both mother and infant. Luckily most birth injuries are not serious - the baby’s injuries usually resolve within a few days after the birth. However, birth injuries can be severe, with long term consequences. What Happens When a Baby is Seriously Hurt During Birth?
$4.5 Million settlement for a mother and child who suffered injuries at childbirth. A hospital and physician failed to diagnose fetal distress which resulted in a lack of oxygen to the baby leading to brain damage, and a ruptured uterus to the mother.
Sometimes trained doctors, nurses, midwives and other medical professionals fail to anticipate, recognize, react and respond properly, fail to notice warning signs, or otherwise deviate from accepted standards of medical care. The result? Babies can be severely injured.
For example, a doctor may either not read, or may misread fetal monitoring equipment, fail to recognize the baby’s fetal distress during labor, delay performing a Cesarean Section, administer too much or too little medication - all of these mistakes can lead to an infant’s birth injuries. Unfortunately, these are all common scenarios seen by birth injury lawyers who are fighting for justice in the aftermath of a serious birth injury. What are Serious Birth Injuries to a Newborn Baby?
The most serious birth injuries are those that affect a newborn baby's skull and brain. During birth, the baby’s head is very vulnerable to serious injury. An infant’s brain tissue can easily be injured during birth by a lack of oxygen, or because of bleeding within the skull or brain during the birth process.
Injuries also take place when excessive force is applied to the baby during delivery, sometimes with forceps, vacuum devices, or through the improper maneuvers in attempting to deliver a large baby in relation to the size of the mother. If the delivery team fails to reasonably and accurately anticipate the size and weight of the infant, the result may be a stressful delivery. A difficult delivery can lead to prolonged bleeding in the baby's brain, with severe long-term effects. It may also result in an Erb's Palsy injury.
For more information on the specifics of birth injury cases, please click on the categories below:
What are Cerebral Palsy and Erb’s Palsy?
Two of the most common birth injuries are known as Cerebral Palsy and Erb's (or brachial plexus) palsy. Birth injury attorneys see these diagnoses as red flags: both Cerebral Palsy and Erb's palsy are all too often the result of an avoidable birth injury – or medical negligence (malpractice).
Erb’s Palsy is an injury to the brachial plexus nerves in the newborn baby which results in permanent weakness or paralysis of the baby’s shoulders, and occasionally their arms, as well. Erb's Palsy often occurs when the baby's shoulders have been a problem during delivery, and as the baby is pushed or pulled through the birth canal. Sometimes, a baby also suffers a broken collarbone or clavicle.
Cerebral palsy is permanent brain injury which can result in a number of different symptoms as the baby grows, including abnormal muscle tone, insufficient muscle tone, developmental delays in movement (rolling over, crawling, sitting up, walking), problems with balance, loss of sight, loss of hearing, epilepsy, and learning difficulties.
For more information on the specifics of birth injury palsy, please click on the categories below:
What Can Be Done To Help the Baby After A Serious Birth Injury?
When babies are seriously hurt during the birth process, a time of great joy quickly turns to sadness and worry for the entire family. Many times, it is impossible to predict what the life-long impact will be for the newborn infant. It is only as the baby grows and develops that the true extent of the birth injuries will be revealed.
During the baby’s first few days, weeks, and months of life, overwhelmed parents and grandparents may find it difficult to focus their attention on deciding whether or not to consider legal action, but this is extremely important for three reasons:
- The cost of lifetime medical care for a child with birth injuries can be staggering. It is important to ensure that resources are available so that the child will be properly cared for while the parents are alive and after they are deceased.
- Early investigation into a medical malpractice event, including birth injury, maternal injury or wrongful death, makes all the difference. Over time, records are lost, memories fade, and evidence can disappear. An early and thorough investigation protects the baby as well as the infant’s family.
- There are also strict time limits in birth injury lawsuits and prompt action is critical to a successful resolution. Once the deadline is missed, the claim will be barred by law no matter how meritorious.
Early detection and continuous monitoring of the baby's development is also important – and costly – in order to maximize therapy and treatment. For example, hearing loss may not be readily apparent until the child is old enough to be talking, and he either fails to talk or his speech is garbled or hard to decipher in some way (he will speak what he hears). An experienced New York birth injury attorney can help the family meet these needs, both in finding proper care and funding its expense, through the early pursuit of claims and lawsuits against the responsible parties, as well as assisting the families in connecting with state and federal agencies that may be of assistance.
How New York Birth Injuries Attorney Mark Bodner Can Help
As a frequent Court TV commentator, Mark L. Bodner is nationally recognized in representing the toughest, most emotionally devastating birth injury cases. While no one can change the outcome of your unfortunate event, Mark L. Bodner will give you the representation and caring guidance you need to obtain the compensation you deserve – settlements that can ensure your child will have a lifetime of proper care.
New York birth injury attorney Mark Bodner has significant experience in helping parents, grandparents, and their families with the responsibilities of caring for a baby who is the victim of a birth injury:
- He specializes in cases involving children born with brain damage, birth defects, cerebral palsy, Erb’s palsy and brachial plexus palsy.
- He has represented hundreds of families in cases involving severe birth injuries and maternal death following deliveries of babies.
- He has over 25 years of experience
- He has obtained record verdicts and settlements for his clients.
- He is compassionate and sensitive – your family, and your baby, are important.
Birth injury cases usually result in very large financial settlements to offset a lifetime of medical bills. These are lawsuits with large dollar amounts at risk, and this means a large, complex defense will be advanced by the defendants, either to deny any culpability whatsoever or to keep those compensation numbers as low as possible. As an experienced New York birth injury attorney, Mark Bodner has helped many families win the large money settlements they needed, so they could make sure their child would have the correct and proper care over the course of the child's lifetime. Mark Bodner has represented hundreds of families in cases involving severe birth injuries -- and maternal death -- following deliveries of babies.
Please feel free to contact Mark Bodner for a free, initial consultation.
Have any questions about Birth Injuries Claims or Babies Being Hurt During Birth?
Feel free to contact New York birth injury attorney Mark L. Bodner today by calling 1-888-BODNER-8. Your initial consultation is free, and Mark Bodner will never charge a legal fee on a birth injury claim unless there is a recovery.
