Infants injured during birth unfortunately usually face a vast number of
life-long challenges. Some difficulties are immediately identifiable.
For example, parents naturally expect that children with
birth injuries will need special medical care and assistance. Other challenges, however,
may not be apparent or surface for many years.
The Difficulties a Birth Injured Victim Can Face
One of the most common birth injuries cerebral palsy can inflict children
with numerous challenges throughout their lives, including:
- Limb deformities
- Intellectual deficits and learning disabilities
- Lifetime physical therapy
- Multiple surgeries
- Constant care and supervision
- Special schooling
- Adaptive devices
- Difficulty finding employment
- Need for lifetime care
It costs a tremendous amount to treat and care for a victim of a birth
injury, and parents often need the help of skilled professionals to recognize
the issues and get help. A skilled doctor should be able to identify signs
of a birth injury that may not be recognizable to a new parent. Then,
if a birth injury is detected, parents should seek experienced legal counsel
right away. A seasoned birth injury lawyer can take legal action against
responsible medical professionals for their wrongdoing in order to obtain
sufficient compensation to provide lifetime care for the injured child.
An attorney can also help parents find programs to support, teach and
care for their child.
Pay Close Attention to Child’s Physical Development
Children should be able to lift their head, roll over, sit up, crawl, and
walk as they grow; a child is expected to make sounds, say words, and
speak sentences; children should be able to pay attention, sit still,
and follow directions, in increasing amounts, as they grow. If a child
is not reaching his or her milestones, or a child’s walking appears
abnormal, a serious problem may exist. If parents suspect their child
is not developing properly, they should consult a doctor as soon as possible
to determine what is wrong. Parents should obtain a complete evaluation
in order to ensure their child did not sustain a birth injury without
their knowledge. A skilled attorney can examine the records of the medical
professionals and determine if legal action should be taken.
Obtain and Take Time to Understand Scientific Evidence
A newborn’s health is determined based on the APGAR scoring system.
This system analyzes the following qualities in order to determine a child’s health:
A low APGAR score can mean that your child is suffering from birth injuries.
Because these situations can be highly complex, however, parents should
not try to collect data or interpret data on their own. Instead, parents
should seek professional assistance, both from doctors and lawyers.
A Child’s Cerebral Palsy Does Not Have to Be Severe for a Parent
to Have a Case
Even the mildest birth injuries can seriously affect someone’s life,
preventing them from performing tasks, attending school, or finding employment.
Unfortunately, many parents fail to seek professional help because they
believe that mild conditions may not be enough to file a lawsuit. However,
difficulty performing the simplest tasks can be a sign that a child may
face profound lifetime problems later on.
In New York State, Seek Legal Help Within 10 Years of Your Child’s Birth.
PARENTS IN NEW YORK STATE HAVE AT MOST 10 YEARS TO BRING A LAWSUIT FOR
MEDICAL MALPRACTICE FOR THEIR CHILD.
In New York State, children have 2 ½ years from their 18th birthday to commence a medical malpractice action, provided that the action
is commenced no later than 10 years from the date of malpractice, the
last date of continuous treatment, or the date when a foreign body was
discovered or could reasonably have been discovered. If the malpractice
has occurred at a City or State hospital, a notice of claim must be filed
within 90 days after the malpractice and a lawsuit started within 1 year
and 90 days thereafter, or a lawyer must make a motion to the Court to
permit late filing. The rules regarding filing claims and starting lawsuit
are complicated. It is therefore crucial that parents should seek legal
assistance right away if they suspect their child is facing challenges
due to a birth injury.
What Should A Parent Do If a Child Has Birth Injuries?
If parents believe their child has suffered a birth injury, as soon as
possible, parents should make sure they obtain the right help and support,
so that they are best able to care for their child. This includes seeking out:
- Experienced doctors, usually pediatric neurologists and pediatric orthopedists
- Seasoned attorneys who have experience in medical malpractice cases
- Depending on the age of your child, life-care planners, educational psychologists,
and physical and occupational therapists
Together, this group of professionals can examine a child’s conditions
to determine what their needs are, the difficulties the child will face,
and the strategies parents can use to take care of the child.
Has Your Child Suffered a Birth Injury? Contact Mirman, Markovits &
If your child has suffered a birth injury and you believe a doctor, hospital,
midwife, or other medical professional is responsible, we encourage you
to get in touch with our New York birth injury lawyers right away. When
you entrust us with your case, we will examine every detail of your situation
to craft the strongest case possible. Because we understand these types
of cases can be stressful and emotional, we work diligently to handle
all the complicated legal matters so your family can focus on the care
of your child.
To discuss your case with a New York birth injury attorney, call Mirman,
Markovits & Landau, P.C. We will provide you with a free case evaluation,
and you will not pay a single penny in attorney fees unless we recover
compensation for you.