In this article, you will discover:
- Common birth injuries caused by medical negligence
- How you can determine whether your newborn’s injury was preventable
- Important medical records needed for a New York birth injury case
What Are The Most Common Birth Injuries Caused By Medical Negligence In New York City Hospitals?
There are a host of injuries a baby could have suffered during birth that may have been preventable if doctors had properly monitored the delivery and taken the correct steps.
There are generally two types of birth injuries. The first type is caused by equipment used to deliver the child, where manipulation during a potentially difficult childbirth was problematic. The second type of birth injury occurs when there’s a loss of oxygen flow to the brain, causing a wide range of injuries, including Bell's palsy, Erb’s palsy, paralysis, or brain damage.
How Can Parents Determine Whether A Newborn’s Injury Was Preventable Medical Malpractice?
First, contact a competent attorney who understands this type of legal issue. They can gather the medical records and fetal monitor strips from the hospital to submit to a medical expert. The medical expert can evaluate them, determine whether there is malpractice, and establish causation.
Which Medical Records Are Most Important In A New York Birth Injury Case?
The fetal monitor strips are crucial because they represent an objective finding that the fetus was in distress. Equally important are:
- Records of the delivery
- Physician or nurse's notes
- Prenatal records from the time of the pregnancy forward
- Medical records detailing health conditions that the mother may have had prior to pregnancy
Attorney Brian J. Elbaum is a skilled lawyer based in New York, New York, who has helped numerous clients like you navigate the intricacies of medical malpractice law. With decades of experience, he is prepared to represent you and protect your rights if your child suffered a birth injury with long-term effects due to medical negligence.
Still have questions? Ready to get started? Contact the Law Offices of Brian J. Elbaum today to schedule an initial consultation.
What Is The Statute Of Limitations For Filing A Birth Injury Lawsuit In New York?
In New York, the statute of limitations for medical malpractice is generally 2.5 years from the date of the malpractice or the end of continuous treatment.
For minors under 18, the statute is tolled during infancy, but claims must still be filed within 10 years of the malpractice. Because of this 10-year cap, a minor does not always have until age 18 to file and may need to bring a claim earlier.
How Can Parents Begin The Legal Process After Discovering A Potential Birth Injury In New York City?
Hire a competent attorney. However, the first step would be to interview them to ensure they handle this type of work and understand the legal issues involved.
Still Have Questions? Ready To Get Started?
For more information on birth injury malpractice in New York City, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling 844 47-FIGHT today.