Birth Injuries – Braude Law

Experienced, Proven Birth Injury New York Attorneys

Mother /Baby Injured During Birth? Talk to a Legal Expert About Compensation

Braude Law Birth injury Attorneys

We are here to help you get compensated for your injuries

Birth Injuries in New York

The birth of your baby should be one of the most exciting moments in your life. However, even the smallest medical mistake can turn your child’s birth into a nightmare.

Birth negligence can happen before, during, or immediately after delivery and may result in serious health challenges for the baby or the mother. These include brain damage and cerebral palsy in a child, and post-natal stress disorder or serious tears on the mother.

You Deserve Compensation.

If you or your baby suffered harm due to medical negligence during labor and delivery, you might be able to claim for compensation. Financial compensation won’t undo a traumatic birth injury, but it will help manage it.

The Birth Injury lawyers at Braude Law understand how devastating a birth injury can be. Our firm has helped families like yours get compensation after a birth injury.

What Qualifies as a Birth Injury?

Birth injuries are often confused with birth defects. Birth injuries often happen when something goes wrong during delivery, and usually out of negligence, while birth defects are conditions that develop as the baby grows in the womb.

What Birth Injuries Do We Handle?

Birth Injuries in Child

Cerebral palsy
Stillbirth & Neonatal Death
Broken Bones and Fractures
Delayed C-section
Hypoxic Ischemic Injury
Erbs palsy
Brachial Plexus
Shoulder Dystocia

Birth Injuries in Mother

Vaginal Tears During Birth
Postnatal Depression (PND)
Postnatal Traumatic Stress Disorder (PTSD)
Postpartum Hemorrhage (PPH)
Ruptured Uterus
Prolapsed Uterus

Determining Liability for a Birth Injury

You can suspect that medical malpractice is the cause of your baby’s injuries. It can be impossible to establish this on your own, though. Having an experienced birth injury New York Attorney to guide you is very important.

Your attorney might need a few things, such as

Diagnostic test results
Flowsheets that show the entire timeframe of your baby’s delivery
Fetal monitoring electronic records
Doctor’s notes of the doctor your or your partner during pregnancy
Record of birthing tools used by the doctors attending to you

Our birth injury lawyers will work with medical experts to determine if you have a legitimate case of birth injury and medical malpractice.

What Constitutes As Negligence In A Birth Injury Lawsuit?

To prove that your medical care provider was negligent during the delivery of your baby, a few things are put into consideration:

Did the medical professional provide the expected proper care and caution, given the knowledge of any circumstances regarding the patient?
Did the medical professional fail to act according to any circumstances, resulting in injury to both mother and child

PRODUCTS LIABILITY CASES INVOLVING A BIRTH INJURY

While most birth in injuries occur as a result of medical negligence, in rare instances, the source of an injury during birth can be a defective medical device such as personal protective equipment or extraction devices.

If this happens, the doctor and other hospital staff involved in the birth won’t be liable. Instead, culpability falls on the company that manufactured the defective device or produce. This translates into a product liability lawsuit.

There are four types of defects when it comes to medical devices

Design Defects: If there was an error in how the device was designed.
Manufacturing Defects: The manufactured device doesn’t comport with the intended design of the product.
Advertising Defects: Erroneous usage instructions of the device.
Packaging Defects: A defectively packaged or shipped device, resulting in contamination which translates into infections

Steps to Take After a Birth Injury in New York

Seek Medical Attention for mother & baby

01.

The baby’s and mother’s well-being should always be first priority. If there is a suspected injury, seek medical care immediately, as birth injuries are time sensitive and should be attended to as soon as possible.

Keep Medical Records

02.

Make sure you keep medical records of the whole birth process, and any other treatment and tests done after the baby is delivered. Have a doctor assess and document the extent of baby and mother injuries as soon as possible.

Consult an Attorney

03.

A good lawyer will gather all the relevant supporting information to build a strong case for you. At Braude Law, our birth injury lawyers will hold your hand every step of the way and help you get compensation.

How Long Do You Have to File a Birth Injury Claim?

Most medical malpractice lawsuits in New York, where birth injury claims fall under, must be filed within 2 and a half years after the incident. New York laws, however, allow for extensions of up to 10 years in some special cases. The sooner you discuss your case with an experienced birth injury attorney, the better, as they will advise on how soon and how to file your birth injury claim.

What Type of Compensation Can I Recover?

There are certain types of damages that you can try to get compensation for in a birth injury case. These include:

Your child & mother’s current and future medical expenses related to the injury
Lost wages when taking care of your child or yourself
Compensation for emotional distress, suffering and loss of companionship
Compensation for home modifications and adaptive equipment
Costs for physical therapy and rehabilitation

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We do not charge you anything until you get compensated.

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