Giving birth should be one of the most joyous times of a family's life. Bringing a new baby into the world is a unique experience and it should be a positive one. Unfortunately, some newborns are injured due to delivery room errors or errors on the part of physicians and other medical care providers. These injuries can include fractures, oxygen deprivation, or development of cerebral palsy and other serious medical conditions. Birth injuries can lead to a lifelong need for expensive medical equipment and care. If your child's birth injury was due to the negligence of a medical care provider, you should seek the compensation needed to defray the costs of the care your child will need.
Birth injuries differ from birth defects because birth defects are not caused by the medical care providers who deliver a baby. Birth defects can be caused by genetics or by medications or supplements the mother took during her pregnancy. Birth injuries are caused by errors or negligence on the part of doctors, nurses, and other care providers. When you consult with an experienced personal injury attorney, you'll be able to discuss your case and have the attorney determine if your child's medical condition is the result of a birth defect or a birth injury.
There are many delivery room errors that can have catastrophic consequences for an infant. Care providers can give the wrong medication or the wrong dosage of the correct medication and cause injury to the fetus. Epidurals can be administered improperly, leading to birthing complications and subsequent birth injuries. If a nurse fails to monitor the mother's vital signs or the fetal heart monitor, or fails to respond to signs of distress on a fetal monitor, many serious consequences can result. Other examples of delivery room errors include forced delivery, improper extraction of an infant, and miscalculation of contractions.
When you file a birth injury claim, much of the information presented in court is scientific or medical in nature. It's important that you have an experienced personal injury who can provide access to expert medical witnesses and legal nurse consultants who can help gather evidence and interview witnesses. If you consult with an attorney about a birth injury, you should bring all available medical records and documentation with you to your appointment so the information can be reviewed. It will be used to determine if you have a valid claim and can also be used to begin preparing for your case.
Here at Napoli Bern Ripka LLP, we have experience in handling birth injury cases and can work with you to file a claim for medical expenses and other losses that you have suffered as a result of your child's birth injury. We can provide medical experts to give testimony on your behalf and have the experience and knowledge needed to review medical evidence and use it in negotiating a settlement or preparing for a jury trial. Don't let the statute of limitations run out on your right to file a birth injury claim. Contact us today to get the legal help you need.
Cases and Settlements of Note
Medical Malpractice Lawsuits & Settlements
- Badolato v. Rosenberg. The Second Department affirmed the trial court’s denial of summary judgment to chiropractor, holding that a physician retained to perform a physical examination for Workers Compensation or Disability purposes can be held liable for medical malpractice where the physician affirmatively interferes with the patient’s treatment to his detriment.
- Selva v. Lillie. The court affirmed a denial of summary judgment to general practitioner who claimed that her failure to refer a patient suffering neurological disorder that rendered him quadriplegic for specialist consult was not a departure from good medical practice because she did not have the neurological expertise to recognize that the patient was suffering from a systemic neurological disorder rather than a herniated lumbar disc.
- Graham v. Mitchell. The appellate court reversed the trial court’s order granting summary judgment on a catastrophically brain-damaged infant claim and reinstated the plaintiffs’ complaint.
- Raciti v. Sands Point Nursing Home, et al., 54 A.D.3d 1014 (2d Dept’ 2008), reversing dismissal of plaintiff’s complaint by the trial court which abused its discretion in refusing to consider plaintiffs’ opposition and cross motion, delivered late to court due to interruption of transit service in a torrential rainstorm.
- Buckley v. Charles K. Goldner, LLC, Abranham Colton. The firm represented Buckley who was a guest in the building, who leaned against an elevator door, believing it to lead to laundry facilities. The elevator door swung open from below, and Buckley fell down the shaft, breaking part of his spine, tearing his urethra, and dislocating his shoulder. The Verdict of $1.9M was awarded in May 2010.
- Jermaine Rhoden v. NYC Transit Authority et al. The firm represented Rhoden who was bicycling on White Plains Road when he attempted to pass between a parked vehicle and a public bus. Rhoden became wedged between the bus and vehicle, and injured his knee, which required knee surgery to fix. A verdict of $550,000 was awarded in September 2009.
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