Birth injuries are devastating and can have lifelong consequences for both the child and the parents. Whether caused by medical malpractice, negligent care, or errors during delivery, birth injuries can result in physical and emotional trauma that affects the entire family. If your child has suffered a birth injury in New York, it’s essential to understand your legal options and how to pursue a birth injury claim.
This blog will provide an overview of birth injuries, the legal process for filing a claim in New York, and the parental rights that come into play in these cases.
1. What Is a Birth Injury?
A birth injury refers to physical harm caused to a baby or mother during childbirth. These injuries may occur during the delivery process, or they may arise from errors or negligence by medical professionals. Birth injuries can range from minor to severe and may result in long-term disabilities.
Common birth injuries include:
- Brachial Plexus Injury: Damage to the nerves controlling the arm and hand, often caused by excessive force during delivery.
- Cerebral Palsy: A neurological disorder caused by brain damage, often resulting from lack of oxygen during delivery.
- Fractures: Broken bones, particularly the clavicle, may occur during a difficult delivery.
- Brain Injuries: Hypoxic-ischemic encephalopathy (HIE) can occur when the baby is deprived of oxygen during delivery.
- Erb’s Palsy: A form of brachial plexus injury that affects the arms and shoulders.
2. Causes of Birth Injuries
While not all birth injuries are preventable, many occur due to the negligence of medical professionals. Common causes of birth injuries include:
a) Delayed or Improper Delivery
A delay in performing a necessary C-section or failure to monitor the baby’s condition properly can result in a lack of oxygen, causing brain injuries or neurological damage.
b) Improper Use of Forceps or Vacuum Extractors
When forceps or vacuum extractors are used incorrectly during delivery, they can cause physical damage to the baby’s head, neck, or shoulders.
c) Failure to Monitor Fetal Distress
Medical professionals must monitor the baby’s heart rate and other signs during labor. If fetal distress is not addressed promptly, it can lead to oxygen deprivation and serious injuries.
d) Medication Errors
Improper administration of drugs during labor, such as incorrect dosages of Pitocin (a drug used to induce labor), can lead to complications like uterine rupture or excessive contractions, putting the baby’s health at risk.
e) Failure to Identify and Treat Birth Complications
Conditions like preeclampsia, gestational diabetes, and umbilical cord problems can result in complications during labor. Failure to diagnose and treat these issues can lead to birth injuries.
3. Legal Grounds for Birth Injury Claims in New York
In New York, birth injury claims are typically filed under the umbrella of medical malpractice. To successfully file a birth injury claim, you must prove that the medical professionals involved in the delivery were negligent, and that this negligence directly resulted in harm to the child or mother.
a) Medical Negligence
Negligence in medical practice refers to the failure of healthcare providers to meet the standard of care that a competent professional would have provided under similar circumstances. In the context of birth injuries, this can include:
- Failing to properly monitor the baby during labor and delivery
- Not responding quickly enough to signs of fetal distress
- Incorrectly using delivery tools such as forceps or vacuum extractors
- Failing to perform a timely C-section
b) Causation
It’s crucial to establish that the medical professional’s negligence was the direct cause of the birth injury. For example, if a delay in performing a C-section led to a brain injury, you must prove that the delay was the cause of the injury.
c) Damages
If your child has suffered a birth injury, you may be entitled to compensation for:
- Medical expenses (past and future)
- Pain and suffering for both the child and the parents
- Lost wages if you have had to miss work to care for your child
- Long-term care costs if your child requires special education or therapy
- Loss of quality of life for both the child and the family
4. Parental Rights in Birth Injury Cases
In New York, parents have specific rights when it comes to seeking compensation for birth injuries. These rights can vary depending on the circumstances of the case and whether the injury was caused by medical malpractice.
a) Right to File a Personal Injury Claim
Parents can file a personal injury claim on behalf of their child to seek compensation for birth injuries caused by medical malpractice. If the injury is severe and causes long-term disabilities, parents may also be able to claim compensation for the future care and treatment the child will need.
b) Right to Compensation for Emotional and Financial Impact
Parents may also be entitled to compensation for the emotional toll of caring for a child with a birth injury, as well as any financial hardships caused by the child’s need for ongoing medical care and therapy.
c) Statute of Limitations
In New York, there is a statute of limitations for filing medical malpractice lawsuits. Generally, you have two and a half years from the date of the alleged malpractice to file a claim. However, in birth injury cases, the statute of limitations may be extended, depending on when the injury was discovered.
For cases involving a child, parents may have up to 10 years from the child’s birth to file a claim, which is critical in ensuring that victims of birth injuries have sufficient time to pursue justice.
5. How to Pursue a Birth Injury Claim in New York
If your child has suffered a birth injury, the process of filing a claim can be complicated. Here are the steps you should follow:
a) Consult with an Experienced Birth Injury Lawyer
The first step is to consult with an experienced personal injury lawyer who specializes in birth injury and medical malpractice cases. Your lawyer will review the facts of your case, gather evidence, and determine whether you have grounds for a claim.
b) Gather Medical Records and Expert Testimony
To prove negligence and causation, your lawyer will need to obtain medical records and expert testimony. This may include reviewing the delivery records, speaking with medical experts, and consulting specialists who can assess the extent of the injury and its long-term impact.
c) File the Claim
Once your lawyer has gathered the necessary evidence, they will file a medical malpractice claim on your behalf. This can include negotiating with the hospital’s insurance company or taking the case to court if a fair settlement cannot be reached.
6. Common Defenses in Birth Injury Claims
In birth injury cases, defendants may raise several defenses, including:
- No negligence occurred: The defense may argue that the injury was a result of a natural complication and not due to medical malpractice.
- Contributory negligence: The defense may claim that the parents’ actions or inactions contributed to the injury.
It is important to work with an experienced lawyer who can counter these defenses and strengthen your case.
7. Why You Need an Experienced Birth Injury Lawyer
Birth injury claims are complex and require an in-depth understanding of both medical procedures and legal processes. An experienced birth injury lawyer can help you navigate the legal system, gather the necessary evidence, and fight for the compensation your child deserves.
At Alan Ripka & Associates, we specialize in medical malpractice and birth injury claims. We understand the emotional and financial toll these injuries take on families and are committed to helping you secure the justice and compensation you deserve.
Conclusion
If your child has been injured during birth due to medical negligence, you have legal rights to pursue a birth injury claim. Understanding the legal process, your rights as a parent, and the potential for compensation can make all the difference in ensuring your child’s future well-being.
At Alan Ripka & Associates, we are here to support you and your family. Contact us today for a free consultation and let us help you through this challenging time.
