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Elmira Birth Injury Attorneys

A “birth injury” is defined as any type of damage to an infant’s body before, during or just after birth – which occurs in approximately 27 of every 1,000 births in the United States. Some birth injuries occur because of unforeseen complications beyond the control of the health care provider attending the mother or baby. Many injuries, however, are the direct result of medical malpractice and simply should not have been allowed to happen. When a baby suffers injuries because of medical malpractice or exposure to dangerous substances in the womb, there is someone to blame – and the parents deserve legal resolution.

At the Law Offices of Scott C. Gottlieb & Associates, we represent families of infants injured before, during or after birth. If your baby suffers from birth injuries that you believe are the result of negligence or malpractice, contact the New York Law Offices of Scott C. Gottlieb & Associates, LLP, today for a FREE consultation or you can submit an online contact form.  We Make House Calls.

Birth Injuries and Medical Malpractice

Many birth injury cases involve medical malpractice. The birthing process can result in sudden complications at any moment even in the most “normal” of deliveries. Medical providers who take care of pregnant women and newborn infants are trained to look out for key signs of distress in both mother and baby. Doctors, nurses, midwives and others must monitor mother and baby carefully in pregnancy, labor, and delivery to make sure that any potential dangers are addressed immediately. When problems are caught right away, hospital staff can often take the right steps to minimize any potential injuries. When mothers and babies aren’t properly monitored, however, a routine complication can quickly turn into a life-threatening situation.

Certain conditions during pregnancy and labor are known hazards, such as gestational diabetes. But even the most routine pregnancy and labor can quickly change, and doctors and nurses must be prepared. Some of the most common factors involved in birth injuries involving medical malpractice include:

  • Difficult or prolonged labor (often due to the baby’s size);
  • Failure to detect the umbilical cord wrapped around a baby’s neck; leading to brain damage or death;
  • Unreasonable delay in performing an emergency Caesarean section;
  • Failure to test and treat conditions during pregnancy, or misdiagnosis;
  • Failure to recognize negative fetal signs;
  • Failure to anticipate risks associated with VBAC (vaginal birth after Caesarean);
  • Incorrect use of forceps during delivery.

These factors, when poorly managed, can lead to traumatic injuries. Babies who suffer from oxygen deprivation may develop Cerebral Palsy or brain damage. Other types of traumatic obstetric birth injuries include:

  • Prenatal asphyxia;
  • Erb’s Palsy or Brachial Plexus Palsy;
  • Klumpke’s Palsy;
  • Torticollis;
  • Spinal cord trauma;
  • Cephalohematoma ;
  • Intracranial hemorrhage.

An experienced birth injury lawyer should be consulted right away if your infant has suffered a birth trauma and you suspect those injuries were caused by medical negligence. Doctors and hospitals do not want to admit fault, because lawsuits can result in serious financial and legal repercussions. Hospitals employ their own legal teams who are used to defending clients against birth injury claims. You deserve a legal team who will protect your rights and interests and fight for justice on behalf of your child.

Birth injuries can also be caused by fetal exposure to toxic substances. While these injuries occur less commonly than medical errors, they can have severe consequences. Here are some facts to be considered:

  • Women living within two miles of a landfill have an increased chance of giving birth to a baby with spina bifida and other serious defects.
  • Pregnant women exposed to high levels of pollutants have almost three times the risk of delivering an infant with a cardiac problem.
  • Polychlorinated biphenyls (PCBs) are well-documented hazards to pregnant women and may inhibit a child’s intellectual ability, short- and long-term memory and attention span.
  • Microcephaly (an abnormally small head circumference) can be caused by exposure to certain pharmaceutical drugs or radiation.
  • Heavy metals (gold, lead, and mercury), cleaning solutions, paint, caffeine, radiation and drugs and alcohol are also culprits in causing birth defects.

Owners and managers of dangerous sites and manufacturers who fail to inform consumers about potential risks can be held responsible for the birth defects caused by their products. These legal battles, however, can be quite complex, and they require a thorough knowledge of product liability and personal injury law.

Contact Our NY Birth Injury Lawyers

Whether your infant has suffered birth injuries as a result of medical malpractice or dangerous exposure to toxic substances, our attorneys have the experience and commitment to help. We handle cases in Elmira, Binghamton, Watertown, Rochester, Syracuse and throughout the state. Contact the Law Offices of Scott C. Gottlieb & Associates for a FREE consultation by calling 1-800-TALK-LAW (1-800-825-5529) , or you can submit an online contact form.  We make house calls.

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