Binghamton Birth Injury Lawyer

Birth injuries are unfortunate realities that many parents deal with on the happiest day of their lives. While most of these birth injuries are unpreventable and heal within days or weeks, some of these preventable injuries occur due to the negligent behavior of a medical provider. In these cases, parents may be eligible to file a claim to recover compensation. If you believe a negligent doctor or nurse caused your baby’s birth injury, a Binghamton birth injury attorney at Coughlin & Gerhart, LLP can help.

What are some examples of birth injuries?

Some examples of quickly healing birth injuries include:

  • Caput succedaneum: Swelling of soft tissues on the baby’s scalp
  • Cephalohematoma: Bleeding under one of the cranial bones
  • Bruising or forceps marks
  • Facial paralysis
  • Fractures

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Cerebral palsy and Erb’s palsy are two of the more serious birth injuries that can have longer-lasting effects.

Cerebral Palsy

Cerebral palsy, or a neurological disorder affecting body movement, is the result of brain damage before or during birth.

While cerebral palsy can result from unpreventable, unmanageable circumstances, a doctor may be liable if his actions led to the baby’s oxygen deprivation (e.g., not ordering a timely C-section, not monitoring signs of distress, etc.).

Erb’s Palsy

Erb’s palsy involves the stretching or tearing of a child’s brachial plexus, or the nerves that send signals from the spinal cord to the arms and hands. This injury can occur during delivery if the infant is stuck in the birthing canal.

Physicians who use excessive force or do not perform a necessary C-section may be liable for Erb’s palsy.

Elements of a Birth Injury Case

It is important to note that most birth injuries are not the result of medical malpractice; however, if you believe that a medical provider is at-fault for your baby’s injuries, you need to prove the following to be eligible to file a claim or lawsuit against the medical provider:

Duty

As with any negligence claim, you will have to prove that the defendant owed you a duty of care. In most medical malpractice cases, it is fairly easy to prove this element by establishing a doctor-patient relationship.

Breach of Duty

Next, you must prove that the doctor or medical professional breached his duty to you by not adhering to the appropriate standard of care. To prove this, you will likely need expert testimony from other physicians in the same field that states that he deviated from how a reasonable physician would have behaved in the same situation.

Causation

You also need to establish a causal connection between the breach of duty and the injury suffered by the baby. Essentially, you must be able to prove that your baby would not have suffered injuries but for the actions of the defendant.

Damages

Lastly, you need to prove that the action resulted in damages. These damages can include medical bills, pain, and suffering, etc.

How long do I have to file a claim?

Generally, in New York you have two and a half years from the date of the alleged malpractice to file a medical malpractice claim. For malpractice cases involving a minor, however, the statute tolls for a maximum of 10 years for the minor’s claim.

Essentially, if your baby was born May 1, 2016, you would have until May 1, 2026 to file a claim on behalf of your child.

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What compensation can I recover?

A child, and the parents of a child who suffered a birth injury may have many challenges in life. Fortunately, with a successful claim, victims can recover compensation for damages, such as:

  • Home and vehicle renovations
  • The costs of in-home care
  • Physical, occupational, and emotional therapy
  • Medical bills
  • Medications
  • Pain and suffering

While no amount of money will be able to make up for the turmoil you and your family have gone through, a birth injury claim can help you seek justice for your baby.

A Binghamton birth injury lawyer at Coughlin & Gerhart, LLP can help you file a claim, negotiate with insurers, and represent you in court if necessary.