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  • $30.1 Million NYC - Medical Malpractice Case
  • $15 Million Manhattan - Medical Malpractice Case
  • $3 Million Queens - Wrongful Death Case
  • $5.5 Million Bronx - Birth Injury Accident
  • $7.75 Million NYC - Medical Malpractice Case
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New York City Medical Malpractice Law Blog

Birth Injuries - Determining Medical Malpractice Liability

By Rosenberg, Minc, Falkoff & Wolff, LLP. posted in Hospital Negligence on Wednesday, December 16, 2015.

Assisted birth is a medical term used often by gynecologists when certain instruments like the forceps or a vacuum device is used to gently pull the baby into the canal birth for the birthing process. These medical instruments are used to hold the head and thrust it into the canal for a vaginal birth.

Assisted birth is a medical term used often by gynecologists when certain instruments like the forceps or a vacuum device is used to gently pull the baby into the canal birth for the birthing process. These medical instruments are used to hold the head and thrust it into the canal for a vaginal birth.

Even though the process sounds fairly simple many complications may arise during this medical procedure. The child's head at this early stage is very soft principally because the bone plates are not yet fused together. To add to this, the scalp too is at a very delicate stage and hence bruising during the procedure are not uncommon occurrences. The injuries happen as unlike adults the scalp at this stage is loosely attached to the skull.

Forceps-delivery Injuries

For the most part, there are two types of injuries that happen in cases where forceps have been used for assisted birth. Bruising is one of the most common injuries. In most cases the marks gradually disappear but unfortunately in some cases they cause permanent disfigurement. The second type of medical injury caused during the procedure is known as Erb's Palsy or shoulder dystocia.

This happens when the shoulder nerves also known as the brachial plexus gets severely damaged. This condition causes temporary paralysis of the arms. With time the nerves repair themselves but more often than not they need surgical intervention.

Vacuum Extraction Injuries

This particular procedure is conducted using two methods, the soft cup extraction and the metal cup extraction. The latter is more reliable. There are several problems that happen in a soft cup method. The extraction process becomes tricky, as repeated detachment of the cup from the baby's head happens regularly.

In such a scenario, attempts by the surgeon for a reattachment can cause significant injuries to the mother resulting in vaginal trauma and subsequent bleeding. Moreover, scalp injuries of the baby ranging from insignificant bruising to permanent damage are all possibilities.

Subgaleal Haemorrhage occurs in both the soft cup and the metal cup extraction processes. This is caused when the baby suffers bleeding in the region between the skull and the scalp. This is a serious condition that can lead to anaemia, seizures, shock, and even death if the medical team does not take immediate measures to alleviate the trauma. Retinal injuries are also far too common during the above processes. The stress and the pressure of birthing can cause temporary or permanent eye problems.

The Right Law Firm

These untoward injuries from medical malpractice are not rare occurrences. They happen every day and the perpetrators often go unpunished while compensation for bodily damages may not be properly awarded due to the absence of a fantastic medical malpractice lawyer to fight your case armed with zeal and experience. In cases of medical malpractice appointing the right firm to present your case competently is of utmost importance.

If you wish to file a lawsuit against a particular hospital or a doctor call 212 697 9280 of Rosenberg, Minc, Falkoff, & Wolff of RMFW Law for a free case evaluation. Our lawyers will evaluate your case and help determine the appropriate amount of compensation you rightly deserve. If your case is viable, we will represent you all the way to the end and explain to you what is happening when something does happen.

We are not paid until you are paid! RMFW has won many cases in the past and we hope to win yours as well. Give us a call to make this happen (212 697 9280).

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Our client, a 5-year-old patient, receives almost $8 million in compensation from an NYC hospital in a medical malpractice claim won by Rosenberg, Minc, Falkoff & Wolf. Representing the injured child with his team of legal and medical experts, Daniel Minc said, "It was great day for the family."

The case involved negligent care on the part of the hospital pediatric intensive care unit for failing to observe bleeding from a simple biopsy wound which caused neurological damage.

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