Articles Posted in Birth Injuries

Last time, we began looking at the topic of cerebral palsy, which is a fairly common birth injury. As we noted last time, it is important for parents who believe their child may have suffered a birth injury to take steps early on to have their child medically evaluated and to determine their options with regard to seeking compensation.

For various reasons, parents may be hesitant to seek out legal assistance with regard to a child with developmental issues. Parents who have a concern about their child’s current and future development owe it to themselves, though, to seek out an experienced advocate. As we said before, the earlier this is done, the sooner parents can begin benefiting from the compensation they are awarded. Waiting too long delays these benefits and could mean that parents lose the ability to seek such compensation. 

Each state has different rules when it comes to deadlines to file a lawsuit. The deadlines, known as statutes of limitation, vary according to the type of case. In New York, the statute of limitation for medical malpractice is 2 ½ years from the date the negligence occurred or from the end of continuous treatment. To pursue litigation against a negligent physician, therefore, parents must act rather quickly.

Birth injuries come in a variety of types, from those related to the brain, to the muscles or other physical injuries, to those related to infections, and injuries from the delivery itself. One common birth injury is cerebral palsy, which affects both the brain and the muscles. Primarily, cerebral palsy is a brain-related injury, but it does impact the way the brain communicates with muscle groups.

Cerebral palsy is not a condemnation to a life of unhappiness. Those who have the condition can adapt fairly well to circumstances and lead a relatively normal life. That being said, there are certainly challenges for those with cerebral palsy. The extent of these challenges depends, in part, on the severity of the condition. A recent article mentioned some of these challenges, and the importance of taking legal action to address these challenges early on. 

When parents begin to notice developmental issues related to cerebral palsy, speaking to a lawyer sooner is better than later to ensure that parents understand the extent of the injury and their options for seeking appropriate compensation. Parents who notice developmental issues can have a medical evaluation done to determine cause of the problems. Medical evaluation of an infant is based on the so-called Apgar test, which evaluates an infant’s appearance, pulse, grimace, activity and respiration.

We’ve been looking in recent posts at the issue of home birth, the risks involved, and midwife professional liability. One important point we need to make about this topic is that, while home birth may be inherently risky, particularly for certain women, those who do take the risk of having a home birth don’t assume all the risk in the eyes of the law. Licensed midwives are still bound by professional standards of care and must answer for their negligence when they harm a patient.

Not every error will rise to the level of malpractice, of course, but only errors which violated an established standard of care. The American College of Nurse Midwives has defined certain general standards which licensed midwives are bound to follow. For example, as we’ve been discussing, midwives are expected to be qualified practitioners, which implies licensing, training and education as required. The standards of care cover a number of other areas of practice.  

The following are some of the expectations included in the practice standards:

While there are children born every day across the state of New York, there’s nothing like expecting a child during the holiday season. Some might see it as an extra special holiday gift. It can be a wonderful experience as family members come in from all over the country, and the whole family awaits the arrival of a new member to the family.

While many families will head to the delivery room and come out with a healthy baby, that is unfortunately not always the case. Sometimes families end up having to stay in the hospital over an extended period of time in order to help a newborn recover from any injuries that occurred during the birthing process. Although that may be difficult for all involved, the family will hopefully be able to head home once the baby recovers.

Sadly, there are those families that will end up dealing with a tragic outcome. In some cases, either the baby does not make it or the mother passes away due to complications from the birth. Either situation can be extremely devastating, especially during the holidays.

When a woman finds out she is pregnant after trying to conceive, it is oftentimes a very joyous time. This moment is followed by months of ultrasounds, preparation, announcements, and baby showers. Many couples do their research to find the best medical professionals to help them during the process and prepare them for the birth. When the day to give birth comes, they rely on that medical professional in hopes of having a safe laboring process and delivering a healthy baby.

For many mothers, this important day goes smoothly. Unfortunately, for others, that excitement can quickly turn to devastation. Complications during the delivery process can result in birth injuries to both the mother and child. The cost of medical care after a serious birth injury has happened to a newborn can cost more than $1 million in his or her lifetime. This cost can get even more burdensome if additional expenses are added and if parents end up dealing with a loss of income as they turn their attention and time to their child’s recovery.

Dealing with a birth injury can be extremely stressful and challenging, leaving parents feeling helpless. As the bills pile up, it can feel like there is nowhere to turn. Although some parents may be hesitant to file a lawsuit against their medical professional, it’s important to remember that a lawsuit is not a tool of punishment, but a tool to help your child live the best life he or she can. The funds you may receive could help pay for specialized medical services throughout the child’s lifetime.

Few things could possibly be more frightening for any involved person or family member to contemplate than something going wrong in an operating room.

And when babies are the focal point in any matter involving substandard care, concern ratchets up to an unfathomable degree.

Intuitively, we all know that. It is just a given. As we note on our Syracuse Birth Injury page at the New York personal injury law firm of DeFrancisco & Falgiatano, “few things are as devastating to families as birth injuries.”

The birth of a child is a simply wonderful event. Part of it is the joy of finally being able to meet a being that has been growing inside his mother’s womb, and the other is the happiness that comes with loving someone who loves you unconditionally as well. But with every birth, the risk of complications exists, which is why birth centers have detailed protocols that they must follow in order to limit the risks of infection and injury.

Part of these protocols includes when an umbilical cord must be cut, even though, as a brand new parent, you may not think about it when the baby is first born. Nevertheless, there are questions about whether the rules surrounding when umbilical cords should be changed. 

Essentially, a recent study of infants suggested that children who a few extra minutes attached through their cords had a boost in neurodevelopment compared to those who had their cords clamped immediately after birth.

When a child is born, it is commonly a joyous occasion. After all, a birth is one of medicine’s miracles; especially with all of the things that can go wrong during a pregnancy and during a birth. However, and unfortunately, bad things can happen.

Yes, children can be affected by birth injuries and birth defects. When they occur, there are naturally a bevy of questions that parents may have. If you feel like your questions may not be valid or are highly unusual, fear not. They probably are not.  With that, we highlight some of the most common questions about birth injuries. 

What is the difference between birth injuries and birth defects? – A birth injury is likely due to something going wrong (usually negligence) during the birth, while a birth defect may have occurred prior to the birth and during the pregnancy.