Birth Defects: Medical Malpractice During The Delivery of a Baby

Birth defects are more common than most think. According to the Centers for Disease Control and Prevention (CDC), approximately 1 in every 33 babies is born with a birthdefect. Hospitalization for birth defects in the United States costs over $2.6 billion each year. Birth defects may be the result of genetic, environmental or other unknown factors.

Birth Defects as a Result of Medical Negligence

An experienced Bronx medical malpractice lawyer may assist in obtaining compensation for children and their parents who were victims of medical negligence that resulted in a birth defect. This compensation may cover the costs of caring for the child, including counseling, medications, physical therapy, and other medical expenses.

Birth-related defects may occur when a medical practitioner was negligent. Examples of medical negligence include:

·       Vaginal delivery of a large baby when a c-section should have been scheduled;

·       Ignoring signs of fetal distress such as a rapid or slowed heart rate;

·       Delayed c-section resulting in lack of oxygen to the fetus;

·       Misuse of assisted-delivery devices such as a vacuum or forceps; and

·       Excessive force during or speed in delivery of a baby stuck at the shoulder.

Common birth-related defects include cerebral palsy, Erb’s palsy, and periventricular leukomalacia. Cerebral Palsy is the result of an injury to the baby’s brain in utero, during delivery or after birth. It can also be caused, however, by a lack of oxygen flowing to the brain of a baby during the delivery process. Erb’s Palsy, also known as Brachial Palsy, occurs when the brachial plexus is injured during birth. The brachial plexus, a group of nerves that runs from the spine up to the arms, supplies blood and oxygen to the body’s arms and hands. If too much pressure is placed on the baby’s head, neck or shoulders as a result of a complicated birth, the brachial plexus may be torn or ruptured, causing temporary and sometimes permanent damage to the baby’s extremities.

New York State’s Medical Indemnity Fund

The New York legislature passed the Medical Indemnity Fund for Neurologically Impaired Newborns in 2011. It is intended to cover the costs of medications, therapy, and necessary home/vehicle modifications, as well as the cost of present and future medical expenses if the birth defect was the result of medical negligence.

Contact a Bronx Medical Malpractice Lawyer

As many as six in every 1,000 infants are injured during birth due to the negligence of a medical practitioner. If your baby suffered an injury as a result of someone else’s negligence, contact a personal injury lawyer in Bronx today. With over 30 years of experience, the attorneys at Sonin & Genis have fought for the rights of their clients and aggressively advocated on their behalf to obtain the compensation they deserve. Call Sonin & Genis, Esq. at 718-561-4444 to schedule a consultation


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