How to Find a Birth Injury Lawyer Near Me
The aftermath of a birth injury can be a devastating time for your family. Not only are you facing the physical and emotional toll of a traumatic event, but you may also be grappling with the financial burden of mounting medical bills.
You must find a birth injury attorney who will help you navigate through the difficult legal system and fight fiercely on your behalf to secure the compensation you and your family deserve. But with so many solicitors available, how do you choose the right birth injury attorney?
This blog will guide you through the process of locating an experienced birth injury lawyer near you and provide you with the tools you need to make an informed decision. Don’t let the stress of your child’s birth injury compound your worries – take control of the situation and find the support you need today.
What Are Birth Injury Claims?
These are legal actions taken by families whose children have suffered harm as a result of medical negligence during the birth of a child. These claims can arise from various circumstances, including failures in prenatal care, improper use of delivery instruments, and inadequate response to complications during labor and delivery.
When a birth injury occurs, you and your child may be faced with lifelong physical, emotional, and financial challenges. The costs of medical treatment and ongoing care can be staggering, and the impact on the quality of your child’s life can be profound.
That’s where birth injury lawyers can help you. By filing a birth injury claim, you can hold medical professionals accountable for their actions and seek compensation to cover the costs of your child’s future medical expenses and other damages such as lost wages and pain and suffering.
How to Know if Your Child Is the Victim of Birth Injury?
As a parent, you must understand the difference between birth defects and birth injuries. While both can have a significant impact on a child’s health and development, they are two distinct conditions with different causes and implications.
The worst thing is that such injuries can have lifelong consequences and impact your child’s development and quality of life. That’s why it’s critical to know the symptoms of birth injury, so you can take action and get your child the help they need. Some of these common signs may include:
Difficulty breathing or irregular breathing patterns
Abnormal muscle tone or weakness in limbs
Seizures or convulsions
Developmental delays or cognitive impairments
Paralysis or loss of movement in limbs
Hearing or vision loss
Persistent pain or discomfort
Where to Find Birth Injury Lawyers in New York?
There are several ways to find birth injury lawyers such as:
State Bar Association: Contact the New York State Bar Association for a referral to a birth injury lawyer. They can provide you with a list of lawyers who specialize in birth injury cases.
Personal recommendation: Ask family, friends, or colleagues for a referral to a birth injury lawyer in New York. If someone you know has gone through a similar experience, they may be able to recommend a good attorney.
Legal directories: Look for legal directories that list birth injury lawyers. Some popular directories include Avvo, Justia, and Nolo.
Uptown Injury Law: If you’re looking to file a birth injury lawsuit in New York, get in touch with us. At Uptown Injury Law we have a team of expert birth injury lawyers to handle your case and fight on your behalf.
Birth Defect Vs. Birth Injury
As a parent, it is your responsibility to understand the difference between birth defects and birth injuries. While both can have a significant impact on a child’s health and development, they are two distinct conditions with different causes and implications.
A birth defect occurs when a baby is still developing in the womb. They can be caused by genetic factors such as exposure to certain substances, or infections during pregnancy. They can result in physical or mental abnormalities that can affect a child’s health and development.
A birth injury, on the contrary, is an injury that occurs during or immediately after childbirth. They can be caused by medical malpractice, such as the improper use of delivery instruments or failure to respond to complications during labor and delivery.
Unlike birth defects, birth injuries are preventable and are the result of medical negligence.
What to Look For in a Good Birth Injury Lawyer?
When looking for a good birth injury lawyer, it is important to consider the following aspects of their experience and qualifications:
Experience: Look for a lawyer who has significant experience handling birth injury cases and has a proven track record of success. This includes experience with medical and legal aspects of birth injury and medical malpractice lawsuits.
Knowledge: A good birth injury lawyer should have in-depth knowledge of birth injury law, medical conditions, and treatments related to birth injury cases.
Specialization: Choose a lawyer who specializes in birth injury cases and has a focus on this area of law. If you lawyer who specializes in birth injury cases, they will have a better understanding of the legal aspects and complexities surrounding these types of cases and will be better equipped to fight for your rights and get the compensation you deserve.
Legal qualifications: Verify that the lawyer is licensed to practice law and is in good standing with the relevant bar association.
Continuing education: A good birth injury lawyer should be committed to staying up-to-date with changes in the law and medical advancements related to birth injuries in your state.
Trial experience: If your case goes to trial, it is important to have a birth injury attorney who has experience in the courtroom and can effectively represent you.
Reputation: Look for a lawyer who has a positive reputation in the legal community and is known for providing high-quality representation to clients.
What Are the Types of Birth Injuries?
Birth injuries refer to physical harm sustained by a newborn during the birthing process. These injuries can range from minor bruises and cuts to more severe injuries such as brain damage or broken bones. The types of birth injuries include:
Birth injury cerebral palsy refers to a condition where a newborn’s developing brain is damaged during delivery. Cerebral Palsy is a neurological disorder that affects your child’s ability to control their muscles and movements.
The cause of CP can be due to various factors such as a lack of oxygen to the brain (asphyxia), head trauma during delivery, or an infection that affects the developing brain.
CP affects babies differently, with some experiencing mild muscle stiffness while others may have severe motor disabilities and muscle weakness. Treatment options for CP can help improve your child’s physical and motor abilities, but there is no cure.
Moreover, CP can have a significant impact on your child’s life, but with proper treatment and support, they can still lead a fulfilling life.
Anoxic brain injury at birth
Anoxic brain injury, also known as perinatal asphyxia, occurs when a newborn’s brain does not receive enough oxygen during delivery. This lack of oxygen can cause significant damage to the brain and lead to various physical and cognitive disabilities.
Some common symptoms include:
low Apgar scores at birth
low muscle tone
Treatment for anoxic injury depends on the severity of the injury and the specific needs of the newborn. In some cases, emergency medical intervention, such as resuscitation, may be necessary to restore oxygen flow to the brain.
Long-term treatment may include physical therapy, speech therapy, and medications to control seizures.
It is a type of brachial plexus injury that occurs when the nerves in the upper arm of a baby are damaged. It is most commonly caused by a difficult birth, during which the baby’s shoulder becomes stuck in the birth canal and the neck is stretched in an awkward position. This can result in damage to the nerves that control the arm and hand.
Symptoms of Erb’s Palsy include weakness or complete paralysis of the affected arm, decreased or absent sensation in the arm, and muscle wasting. The severity of the injury can vary from mild to severe, with some children experiencing complete recovery within a few months, while others may have permanent limitations.
Treatment for Erb’s Palsy may include physical therapy, surgery, and other interventions to help the child regain the use of the affected arm. However, in some cases, the use of assistive devices, such as splints or braces, may also be necessary.
Spinal Cord Injuries
Spinal cord injuries during birth can occur when the baby’s spinal cord is damaged due to excessive force or pressure during delivery. This can result in a partial or complete injury to the spinal cord, which can have serious and long-lasting consequences.
Common causes that result in spinal cord injuries during birth include trauma during a difficult delivery, excessive force used during delivery, or problems with the positioning of the baby during delivery.
The effects of this injury can be severe and can include permanent paralysis, loss of sensation and motor function, and a variety of other physical and cognitive disabilities. In some cases, the injury can result in a complete loss of mobility, while in others, the child may be able to walk but may have difficulty with fine motor skills.
C-section injuries can be the result of medical professional negligence. An improper surgical technique during the procedure can lead to a range of harm to the mother, including excessive bleeding, infection, or even damage to internal organs.
A delay in performing a necessary C-section can also result in injury to both the mother and the baby, such as decreased oxygen supply to the baby. Additionally, if a medical professional fails to monitor both the baby and the mother during and after the procedure, serious complications such as blood loss, infection, or respiratory distress in the baby can occur.
Additionally, improper use of instruments during the C-section can also result in injury to either the mother or the baby, including lacerations or puncture wounds.
Vacuum Extraction Injuries
Vacuum extraction is a method used during childbirth to assist healthcare professionals in the delivery process of a baby. However, it can also result in injury to the mother or baby if not performed correctly. Some potential injuries from vacuum extraction include:
Scalp injury: The suction cup used in vacuum extraction can cause injury to the baby’s scalp, including bruises, abrasions, or lacerations.
Skull fracture: In rare cases, vacuum extraction can result in a skull fracture, which can be serious and require medical treatment.
Uterine rupture: If a doctor is not careful during vacuum extraction, it can result in a uterine rupture, which is a serious and potentially life-threatening complication.
Shoulder dystocia: It can occur when the baby’s shoulder becomes stuck during the delivery process. This can cause injury to the baby, including nerve damage or brachial plexus injury.
Hypoxia is a medical condition in babies in which the body or a specific tissue does not receive an adequate amount of oxygen. In the context of birth injuries, hypoxia can occur due to mistakes made by healthcare professionals during the delivery process.
Hypoxia during birth can occur for several reasons, such as when the baby is not getting enough oxygen during delivery due to problems with the placenta, umbilical cord, or blood flow to the baby.
In some cases, mistakes made by healthcare professionals, such as delaying a c-section or not properly monitoring the baby and the mother, can contribute to the onset of hypoxia.
When the baby experiences hypoxia during birth, it can result in serious consequences, including impaired brain function, cellular damage, and in severe cases, death. This can lead to birth injuries such as developmental delays, and other neurological problems.
How Common Are Birth Injuries?
The frequency birth related medical malpractice injuries varies depending on several factors, including the method of delivery, the health of the mother and baby, and the level of care provided by healthcare professionals.
According to the Centers for Disease Control and Prevention (CDC), approximately 2.8% of live births in the United States result in significant injury. However, the actual frequency of birth injuries is likely higher due to underreporting and the difficulty of accurate birth injury diagnosis.
Injuries that occur during vaginal delivery are generally less common than those that occur during cesarean delivery, but both methods carry risks. Factors such as prolonged labor, fetal distress, and using instruments during delivery, such as vacuum extraction or forceps, can increase the risk of birth injury.
How Do Birth Injury Attorneys Prove Liability?
When seeking compensation, you will need to prove that your child’s birth injury was caused by the negligence or wrongdoing of medical professionals involved in the birth. To do this, the following steps are typically taken:
Review medical records and relevant documentation to identify liable parties and determine the cause of the injury.
Conduct an investigation, gathering witness statements and expert opinions.
Prove that the medical professionals involved in your birth breached the standard of care required in the medical industry.
Demonstrate a direct link between the breach of the standard of care and your injury.
Show that you have suffered harm, including physical, emotional, and financial damages.
The key to proving liability in a birth injury case is to have strong evidence and expert testimony to support the allegations of negligence or medical malpractice. A skilled birth injury attorney can help you gather and present the necessary evidence to prove liability and increase the chances of your child’s recovery.
How Much Do Birth Injury Lawyers Cost?
When you work with a birth injury lawyer on a contingency fee basis, you won’t be charged an hourly fee or a retainer. Instead, the lawyer will take a percentage of the settlement or award that’s received in your case.
This fee is typically a percentage (25% – 45%) of the total financial compensation and is only paid if your case is successful. If there is no recovery, the injury lawyer won’t receive a fee. The advantage of this arrangement is that you won’t have to pay any upfront costs and will only pay if you win your case.
How Much Birth Injury Lawsuit Settlements Worth?
The value of birth injury lawsuit settlements can vary widely, depending on the specific circumstances of the case. Factors such as the extent of the injury, the cost of medical expenses and lost income, and the liability of the responsible parties can all impact the value of a settlement.
Some birth medical malpractice lawsuit cases may settle for a few thousand dollars, while others can result in settlements worth millions of dollars. It is difficult to estimate the average value of a child’s injury settlement as each case is unique with different circumstances.
An experienced birth injury attorney will guide you and help you understand the potential value of your case and work with you to seek a fair settlement.
$6 million for Obstetrical Malpractice
Attorney Kyle Newman represented a client whose child suffered a birth injury. The child, who was three months old, showed signs of developmental delays, including wandering eyes and little muscle tone. The medical records revealed traumatic labor and delivery that caused brain damage.
After years of legal battles and taking depositions from hospital staff, it was discovered that the midwife in charge of the delivery ignored calls for intervention and failed to take action during the high-risk pregnancy, resulting in the child’s permanent brain damage and disability. The case was settled for $6 million, including lifetime medical care and benefits.
Uptown Injury Law – Best Birth Injury Attorneys
At Uptown Injury Law we have the top birth injury lawyers in New York City. Here’s why you should choose us:
Expertise: With 15+ years of extensive experience in medical malpractice and birth injury lawsuits, our team of birth injury lawyers has the expertise to help you navigate the legal system and achieve the best outcome for your case.
Compassionate representation: We understand the emotional nature of birth injury medical malpractice lawsuits and provide compassionate, personalized representation to ensure that your needs are met throughout the legal process.
Proven track record: With a strong track record of success, we have the experience to build a strong case and effectively represent you in court.
Resources: With access to medical experts, investigators, and other professionals, Uptown Injury Law has the resources to effectively litigate complex birth injury lawsuits and fight for your rights.
No-fee guarantee: Our birth injury attorneys work on a contingency fee basis. This means that you won’t have to pay any upfront costs. Our lawyers only collect fees if they secure a settlement or verdict on your behalf. Contact us today at 855-233-8728 for a free case review and free consultation.
What Is a Brachial Plexus Injury at Birth?
A brachial plexus palsy injury at birth is a damage to the nerves controlling movement and sensation in the arm that occurs during delivery. It can be caused by excessive stretching or pressure on the nerves and can result in partial or complete paralysis of the arm. The severity of the damage can range from mild to severe and may require surgery or physical therapy. If the injury was caused by medical negligence, compensation may be available.
Can Birth Injury Cause Autism?
There is no clear scientific evidence to suggest that birth injury directly causes autism. Autism is a complex neurodevelopmental disorder that has many potential causes, including genetic factors and environmental influences.
However, some studies have suggested that children who have suffered a traumatic birth injury, such as oxygen deprivation or brain damage, may be at an increased risk for developing autism. This may be because the injury can impact the development of a baby’s brain and nervous system.
Is birth injury preventable?
Some birth injuries can be prevented through proper prenatal care and careful monitoring during labor and delivery, as well as prompt recognition and treatment of any complications that may arise.
However, some birth injuries are unpredictable and cannot be prevented, despite the best efforts of medical professionals. Therefore you should work with experienced healthcare providers and understand the potential risks and complications associated with childbirth to minimize the risk of injury.