The process of giving birth is beautiful and a natural one. Yet, the infrastructure of a hospital and the expert assistance of doctors, midwives and nurses are required to ensure that the process takes place smoothly and without any harm to the mother and the newborn’s health.

In spite of this, there are several unfortunate instances of birth injuries that are severe enough for the victim to file a case with the help of a medical malpractice lawyer. Birth injuries may result from negligence or lack of care on part of the medical practitioners. However, the consequences can be serious to the extent of causing permanent damage to a person’s life.

So, before we move on to the details of filing lawsuits for birth injuries, let’s take a dig into the types of such injuries.

What are the Common Types of Birth Injuries?

Birth injuries result from what is referred to as obstetrical malpractice and they come in the category of catastrophic injury. Some of the common types of birth injuries include:

• Neonatal death or stillbirth when the baby dies within 28 days of his/her birth
  
• Cerebral palsy, which is a brain dysfunction and has been attributed to avoidable injuries during a difficult delivery
  
• Neonatal encephalopathy, which is a condition that results in disturbed neurological function during the early days of the newborn
  
• Shoulder dystocia occurs when the infant’s shoulder gets stuck behind the pubic bone of the mother during delivery. Shoulder dystocia is the reason behind Brachial Plexus Injury that further leads to Klumpke’s palsy or Erb’s palsy
  

In case of all the above instances, filing a lawsuit with the assistance of the malpractice lawyers is your only way of getting justice. These injuries not only take a long time to heal but also call for considerable medical expenses and cause you unnecessary stress.

Filing a Lawsuit for Birth Injuries

Filing a lawsuit for birth injuries have become rather common, which is well indicated by the number of cases a of medical malpractice that PA is dealing with each year. However, it is good to be aware of the instances that make a victim eligible for claiming compensation. These are:

• When the doctor fails to detect the baby’s abnormal position or the problems in the placenta or umbilical cord
• When the ob-gyn is unable to identify the symptoms and effects of high blood pressure, diabetes or similar other issues in the mother
• When the doctor fails to make the right use of the available tools
• When the ob-gyn fails to perform a C-section on time
• When the doctor prescribed wrong medication and fails to detect abnormal conditions and complications during or after the birth

The birth injury claims can either be on behalf of the child or the parents. However, the most vital aspect of this claim is the time-period because the effects of birth injuries often show up later.

In New York, the average time for filing a claim is 2.5 years from the time of the birth or when the malpractice occurred although it is subject to extension.

Victims of birth injuries should seek the professional guidance of the medical malpractice lawyers. The compensation that can be awarded depends on the extent of the violation of the standards of accepted medical care and that of the physical, emotional and monetary losses caused.

If your baby has been a victim of birth injury, you will require a team of seasoned lawyers who are experts in medical malpractice claims. You’ll need evidence, reasoning and expert witnesses to back your case to receive the right amount of compensation. Here at the Law Offices of Alvin F. de Levie, you can give us a call at 844-777-2529 or fill out our contact form to find out how we can help you out during these troubled times.