Rochester Birth Injury Lawyer

The birth of a child is a moment of pure elation, where joy and hope converge. However, in unfortunate circumstances, medical negligence can mar this beautiful event, resulting in life-altering birth injuries. In such painful times, a birth injury lawsuit can serve as a means to seek justice, obtain compensation, and secure a more stable future for the affected child and family. Contact a dedicated Rochester birth injury lawyer from Lacy Katzen LLP for assistance today.

Birth Injury Lawyer | Representing Victims of Negligence and Malpractice

Birth injuries can be devastating. If you or your child has sustained an injury during the birthing process, we are here to fight for the justice you deserve. Don’t hesitate to contact a skilled and compassionate Rochester medical malpractice lawyer from our firm for guidance.

Common Birth Injuries Caused by Negligence

Two birth injuries caused by medical negligence are Erb’s palsy and cerebral palsy.

Erb’s Palsy

This injury affects the arm’s nerves, usually as a result of excessive pulling during childbirth. Babies with Erb’s palsy often display weakness or loss of motion in one arm. Prompt medical intervention can sometimes remedy the symptoms, but more severe cases might require surgery or lifelong treatment.

While many instances of Erb’s palsy result from natural complications during childbirth, some cases arise due to medical negligence. These scenarios may include:

  • Excessive Force: In a challenging delivery, especially with a larger baby, a medical practitioner might exert undue force while pulling the baby out, causing strain or damage to the brachial plexus.
  • Incorrect Use of Medical Tools: Improper use of tools like forceps or a vacuum can also result in nerve damage if not handled with utmost precision and care.
  • Delayed C-Section: If a C-section is delayed despite evident distress or complications, it might increase the risk of injuries such as Erb’s palsy.

Cerebral Palsy

Often resulting from a lack of oxygen to the brain during delivery or other complications, cerebral palsy affects muscle coordination and movement. It can range in severity but typically requires ongoing therapy and assistance. There are four primary types of CP:

  • Spastic CP – characterized by stiff muscles and awkward movements.
  • Dyskinetic CP – includes uncontrolled, slow, writhing movements.
  • Ataxic CP – causes problems with balance and coordination.
  • Mixed CP – a combination of the above types.

While CP can result from genetic anomalies or infections during pregnancy, a significant number of cases are due to medical negligence. This negligence can involve a lack of oxygen to the brain and/or physical trauma during birth.

How Do These Accidents Happen?

Birth injuries can occur due to various reasons, such as:

  • Oversight in Monitoring: Failure to adequately monitor the fetus’s vitals can result in undetected distress, leading to complications.
  • Improper Use of Medical Instruments: Injudicious use of tools like forceps or vacuum extractors can cause physical harm to the baby.
  • Delay in Performing a Necessary C-Section: Waiting too long to opt for a cesarean section in distress situations can jeopardize the child’s health.
  • Medication Errors: Administering incorrect medications or dosages to the mother can adversely impact the fetus.

The Claims Process

If you suspect that your child’s birth injury is a result of negligence, it’s essential to act promptly.

  • Consultation: Begin with consulting an experienced personal injury attorney who specializes in birth injuries. They can guide you on the potential of your case.
  • Investigation: The attorney will delve deep into medical records, witness testimonies, and possibly consult medical experts to ascertain negligence.
  • Filing the Lawsuit: If a case is established, your attorney will file a lawsuit against the responsible parties.
  • Negotiation: Often, the defendant’s legal representatives might offer a settlement. Your attorney will negotiate to ensure the compensation meets the current and future needs of your child.
  • Trial: If no settlement is reached, the case will proceed to trial. Here, both sides will present their evidence, and a verdict will be made.

Proving a Birth Injury Claim

To win a birth injury lawsuit, it’s crucial to prove:

  • Duty of Care: You must demonstrate that the healthcare provider had a responsibility to ensure the safety and health of both mother and child.
  • Breach of Duty: You must show that the healthcare provider failed in their duty, whether through action or inaction.
  • Causation: A clear link must be established between the breach of duty and the resultant injury.
  • Damages: Finally, the injury must have caused tangible harm, be it physical, emotional, or financial.

Timeframe to File a Claim in New York

In New York, the statute of limitations typically allows for two years and six months from the date of the negligent act or omission to file a medical malpractice claim. However, specific exceptions might apply, especially in cases involving minors. It’s advisable to seek legal counsel promptly to ensure your rights are protected.

Contact a Compassionate Birth Injury Lawyer Today

Facing the reality of a birth injury is undoubtedly challenging. The journey to justice can be equally daunting. But, with the right guidance and understanding, families can navigate the legal maze with clarity and hope. At its core, a birth injury lawsuit isn’t just about seeking compensation. It’s about acknowledging wrongs, ensuring accountability, and, above all, demonstrating unwavering compassion for the innocent lives affected.

If you or someone you know believes they have a valid birth injury claim, reaching out to an experienced Rochester birth injury lawyer is the first step toward justice. Your lawyer will stand by your side, offering guidance, understanding, and unwavering commitment.

Why Choose Lacy Katzen

Our mission is to ethically serve our clients with excellence and teamwork each day.

Over 73 Years of Experience
Nine Attorneys Listed in Best Lawyers in America®
Ranked by Best Lawyers as a Best Law Firm®
Six Attorneys Named as Super Lawyers
One Attorney is a Fellow at the American College of Trial Lawyers

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