Birth Injuries

When infants are seriously injured during the birth process, a time of joy quickly turns to sadness and worry. Overwhelmed parents may find it difficult to focus their attention on deciding whether or not to consider legal action, but early investigation into a medical malpractice event, including birth injury, may make all the difference. Over time, records or evidence can be lost, memories fade.  An early and thorough investigation protects the infant and the family. There are also strict time limits in birth injury lawsuits, and prompt action is critical to a successful resolution.
When 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 care, newborns are placed at risk. A doctor may have misread fetal monitoring equipment, failed to recognize fetal distress during labor, delayed performing a Cesarean Section or administered too much or too little medication and all of these mistakes can lead to birth injuries.

The most serious birth injuries are those that affect a child's skull and brain. Brain tissue is easily injured by a lack of oxygen or bleeding within the skull or brain. Injuries also take place when excessive force is applied during delivery, sometimes with forceps, vacuum devices, or through the improper maneuvers in attempting to deliver a large baby. 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.

Two of the most common birth injuries are known as Cerebral Palsy and Erb's (or brachial plexus) palsy. Both Cerebral Palsy and Erb's palsy are very often the result of medical negligence.

Martha Gold is a New York medical malpractice attorney who has successfully represented many victims and families who have been forced to deal with the impact of birth injuries. She is familiar with the special issues and complexities that are involved in this area of the law, and draws on her extensive experience in medical negligence to represent her clients.