Filing for a Birth Injury Medical Malpractice Lawsuit in New York

Medical negligence at the time of birth can lead to several tragic scenarios. One of which is that your child may be born with severe brain damage due to an untimely delivery, or because the baby's heart rate dropped below the minimum level at some point during the birth process. The resulting loss of oxygen to the fetus can cause asphyxiation, leading to a permanent brain injury.

Cerebral palsy is one such example of a birth injury resulting from brain damage due to lack of oxygen. Another birth injury called shoulder dystocia is also quite common in vaginal deliveries in which the baby cannot be delivered in time because the anterior shoulder of the infant gets stuck behind the mother's pubic bone. If not treated properly, shoulder dystocia can even lead to death.

Looking for Clues

Some cases of birth injury are easily recognized as resulting from medical negligence. Some are really hard to understand. If your child is showing a delayed growth graph; i.e. if he is not doing things that kids his age should be doing then you may want to re-visit your obstetrician and ask for an explanation. Usually, medical negligence is the last factor that any parent thinks of. We do the usual rounds of child psychiatrists and behavior specialists, wondering if it is something that we are doing wrong or if our child is just a late bloomer and we are panicking for no reason. But many a times your child's lack of development can be because of a birth injury that has left a permanent mark.

As said before, it is hard to really pinpoint symptoms unless you know what you are looking for specifically. As a parent you can take note of small things like is your child not making enough eye-contact, or is he walking, talking, eating on his own at the age that he is supposed to. These can be your cues to investigate more about what happened in the delivery room.

Use Expert Help to Prove Your Case

If it is proved by medical experts that your child did indeed receive less than adequate care in the delivery room, you have the legal means to ask for compensation for the damage that you child, and your family, has suffered by filing for a medical malpractice lawsuit. The New York legal system protects the rights of victims of birth injuries and as a parent, you are legally entitled to ask for compensation on your child's behalf.

On the Right Side of the Law

This will in no way change what has already been done, but do understand that some birth injuries can be utterly debilitating. Depending on the severity of the damage caused at birth your child may have problems with understanding and comprehending lessons in school, or he may be forced to rely on assistance to carry out even the most basic daily functions. A malpractice lawsuit will help you fight for your child's rights as well help you receive a settlement that can go a long way in improving your child's condition.