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New York Medical Malpractice: What is a Birth Injury?

Parents have the fair and reasonable expectation that obstetricians (OB/GYNs), nurses, and other medical professionals will do all they can to ensure that birth is as safe as possible. Unfortunately, in far too many cases, infants are harmed as a result of the negligence of medical providers or healthcare professionals. Through a birth injury claim, a family can get justice and much needed financial support. Here, our Buffalo medical malpractice attorneys discuss the most important things you need to know about birth injury claims in New York. 

Birth Injuries: Defined

The Centers for Disease Control and Prevention (CDC) defines a birth injury as “an impairment of the neonate’s body function or structure due to an adverse event that occurred at birth.” While that is a relatively broad and wordy definition, it has a simple meaning: a birth injury is any damage or harm that occurs to a child before, during, or in the immediate aftermath of the birthing process. Some notable types of birth injuries include:  

  • Broken/fractured bones;
  • Brachial Plexus Palsy (Erb’s Palsy); 
  • Cerebral palsy; 
  • Hypoxic-ischemic encephalopathy;
  • Cephalohematoma; 
  • Perinatal asphyxia;  
  • Intracranial hemorrhage
  • Subconjunctival hemorrhage; 
  • Infant brain damage; 
  • Facial injuries/deformities; and
  • Spinal cord damage. 

Who Can Be Held Liable for a Birth Injury in New York?

The birth of a child is complicated. Even with the incredible advances in modern medicine, it is still not completely without its risks. That being said, all parents in New York have a right to labor and delivery treatment that is at least as good as ordinary doctors and medical professionals would provide under similar conditions. 

If your infant suffered harm because of negligence during the birth process, you can hold the responsible doctors and healthcare providers liable through a medical malpractice claim. In birth injury cases, multiple defendants may share liability for the harm caused to the infant and/or the mother. These defendants may include: 

  • Obstetricians;
  • Gynecologists;
  • Nurses and other medical staff;
  • Hospitals;
  • Pharmacists; 
  • Drug manufacturers; and
  • Medical device makers. 

Financial Compensation for Families

A serious birth injury can leave a vulnerable infant with long-term, even permanent injuries or impairments. Families need justice and financial support to get the proper care for their child. Unfortunately, the insurance companies that often handle these cases are not interested in paying out full and fair settlements. We can help. At Richmond Vona, LLC, our Buffalo birth injury attorneys work tirelessly to help our families get the full recovery that they deserve. Compensation may include: 

  • Emergency medical treatment;
  • Other medical costs and expenses;
  • Ongoing rehabilitative care and mental health support; 
  • Pain and suffering;
  • Permanent disability or disfigurement; and
  • Wrongful death damages.   

Call Our New York Medical Malpractice Attorney Right Away

At Richmond Vona, LLC, our Buffalo medical malpractice lawyers have the skills, experience, and knowledge to handle the full range of birth injury claims. We will protect the rights of you and your family. To set up a free, completely confidential consultation, please contact us today. From our office in Buffalo, we represent clients throughout Western New York.

As your attorneys, it is our mission to represent you in a way that makes you proud to be associated with us. You may have financial concerns, but we assure you that you won’t pay any expenses unless we win your case for you. For a free, no obligation review of your case, contact us today. We're available 24/7.

Our personal injury law office, located in Buffalo, proudly serves communities throughout Western New York, including Batavia, Dunkirk, Jamestown, Niagara Falls, and Rochester.

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