New York Birth Injury Attorneys
Emotions run high when a child is born. Most of the time, this is one of the happiest days in a family’s life. However, a difficult delivery can bring a lot of stress for everyone involved. If a baby gets stuck in the birth canal or undergoes other forms of serious distress, the use of medical tools may be necessary to advance the delivery. If a medical professional is negligent in their use of delivery tools such as forceps or vacuum extractors, the infant can become injured. Of course, this can completely devastate new parents. Parents who have been negatively impacted by a birth injury due to medical negligence may want to consider their legal options. Attorney Mark L. Bodner is experienced in fighting on behalf of families who have suffered unimaginable pain due to medical negligence. If you need an experienced birth injury attorney, contact our firm today.
Why Forceps and Vacuum Extractors Are Used During Childbirth
During a complicated birth, the medical professionals assisting may need to turn to medical tools in order to help the mother complete the delivery. That being said, medical professionals typically cannot tell whether forceps or vacuum extractors will have to be used before the delivery. A few of the reasons that a medical professional may have to use delivery assistant tools include the following:
- A baby that is very large may not be able to move through the birth canal effectively
- If labor has stalled and the second stage is prolonged, which depends on the mother’s parity and whether she has an epidural
- Babies that are in a breech or transverse position
- If the mother is too exhausted to continue during labor
- The baby shows signs of fetal distress and needs to be removed from the birth canal as soon as possible
If a baby is not positioned correctly in the birth canal, the medical staff may have to use forceps to either turn the infant or pull it through. Unfortunately, when the forceps are not used properly or are placed on the baby’s head incorrectly, the baby can become injured. A few injuries that are commonly attributed to forceps can include:
- Facial nerve palsy (from blade pressure on the facial nerve)
- Corneal abrasion and external eye trauma
- Depressed skull fracture
- Intracranial hemorrhage
- Facial bruising, lacerations, and disfigurement
- Erb’s palsy/brachial plexus injury
- Injury to the mother, including third- and fourth-degree perineal tears
If a vacuum extraction needs to be used, it is usually because the mother is too tired to continue delivering or the baby gets stuck in the birth canal. Some of the injuries that can be attributed to vacuum extraction can include the following:
- Subgaleal hemorrhage
- Cephalohematoma
- Retinal hemorrhage
- Scalp laceration, abrasion, or avulsion
- Intracranial hemorrhage
- Erb’s palsy/brachial plexus injury
- Injury to the mother
How long do I have to file a forceps or vacuum injury claim in New York?
New York pauses the clock while a child is a minor under C.P.L.R. § 208, but for medical malpractice, that pause is capped. The case must be brought no later than 10 years from the delivery, regardless of the child’s age. Parents often assume they have until the child turns 18. They do not. If the birth took place at a New York City public hospital, a notice of claim must usually be served within 90 days under General Municipal Law § 50-e, and that deadline is not rescued by the infancy cap. Injuries like cerebral palsy are often not diagnosed for months or years, by which time the clock has been running the entire time.
Speak with an Experienced NYC Birth Injury Attorney
Mark L. Bodner, P.C. has over 35 years of experience providing clients with quality legal assistance when they are facing the devastating impacts of a birth injury due to medical negligence. The misuse of forceps and vacuum extraction can cause significant injuries to an infant and the mother. Our firm is here to guide you through this difficult time and fight for maximum compensation on your behalf. Contact our firm for a free consultation.