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Birth Injury

Childbirth should be among the most joyous and most important occasions of any parent’s life, and it usually is. Unfortunately for some parents, however, childbirth can also be a terrible ordeal with lasting implications for the whole family. Some studies have shown that even with the existence of advanced methods of detection and prevention of birth injuries, approximately 27 out of every 1,000 births result in some kind of birth-related injury, which furthers the idea that modern medical technology is only as effective and accurate as the medical professionals who operate it. It is the negligence of one or more of these medical professionals that may change a family’s course forever for the worse. If you or your child was the victim of hospital negligence before, during or after birth and sustained injuries or died as a result, call the Law Offices of Ira M. Perlman, P.C. & Robert D. Rosen, P.C. for a free initial consultation regarding your legal rights in order to obtain full and fair compensation and damages due to the harms and losses suffered by your infant child.

One form of negligence that may lead to serious injuries for the newborn during the birth process is the failure of a doctor to predict, prevent and provide a sufficient response to complications that cut off an infant’s oxygen flow. Debilitating nerve disorders such as cerebral palsy is a common outcome of these failures as well as other forms of permanent brain damage and even death. Even after the birth of a newborn, doctors are still responsible for its health and care as permanent damage to its nervous system may also occur in the event of overlooked post-natal seizures.

There are many types of birth injuries that can result from prolonged labor and breech delivery (otherwise known as feet-first delivery) or from the utilization of delivery techniques like forceps or vacuum extraction, including:

  • Brachial/Erb’s Palsy
  • Cephalohematoma
  • Facial Paralysis
  • Fractured/Broken Bones
  • Bruising/External Injuries

Brachial/Erb’s Palsy

Commonly associated with difficult labor and prolonged delivery, Erb’s Palsy, otherwise known as Brachial Palsy, is caused by nerve damage on the shoulders of newborns due to excessive force on newborns’ arms or shoulders, usually either because of the shoulders’ passing through the birth canal before the head or because of the use of forceps during the delivery process. Common forms of medical negligence that can contribute to an infant’s development of Erb’s Palsy include:

  • Failure to estimate the infant’s weight before delivery;
  • Failure to diagnose and treat gestational diabetes;
  • Failure to perform a cesarean section;
  • Failure to inform parents of the inherent risks of delivering a large infant vaginally;
  • Failure to perform appropriate shoulder dystocia management techniques during delivery; and
  • Application of excessive and unnecessary force during delivery.

The severity of Erb’s or Brachial Palsy depends on the extent of the nerve damage. In cases of torn nerves which tend to be the more severe ones, the following symptoms may occur in the affected arm:

  • Damaged temperature regulation
  • Muscle frailty
  • Stunted growth
  • Loss of feeling between the shoulder and elbow
  • Loss of function

In some instances this injury only causes minor damage and the symptoms disappear with time, but in many other instances physical therapy and/or even surgery may become necessary. Infantile surgery can be nerve-racking as well as expensive for a new parent who knows the substantial risks involved, so if your child was the victim of hospital negligence before, during or after birth and developed Erb’s or Brachial Palsy as a result, call the Law Offices of Ira M. Perlman, P.C. & Robert D. Rosen, P.C. for a free initial consultation regarding your legal rights in order to obtain full and fair compensation and damages due to the harms and losses suffered by your infant child.

Cephalohematoma

Generally the result of prolonged labor in the second stage, a cephalohematoma is a bruise or buildup of blood in between the skull and its outer-membrane, the periosteum. During the second stage of labor, the cervix is fully dilated and the delivery takes place. If the delivery takes too long, the infant may have birth injuries. Cephalohematoma can also be the result of a doctor’s use of a vacuum device called a ventouse, which is a technique used to accelerate the labor process in the event of a difficult or prolonged labor. The use of the ventouse in ending a difficult delivery process is usually safe and effective, but there are instances when long-term health complications arise as a result of its use. Serious problems for a newborn can result from the swelling and blood loss associated with a cephalohematoma, including:

  • Hypotension
  • Meningitis
  • Jaundice
  • Anemia

If your child was the victim of hospital negligence before, during or after birth and suffered a cephalohematoma along with related injuries, call the Law Offices of Ira M. Perlman, P.C. & Robert D. Rosen, P.C. for a free initial consultation regarding your legal rights.

Facial Paralysis

Generally associated with a difficult and prolonged birth process, facial paralysis is the result of nerve damage on an infant’s face. The nerve damage is caused by prolonged stress and pressure on the infant’s head during labor, as well as by natural complications involving the mother’s health and the infant’s size, among other things. Facial paralysis can also result from complications involving the use of anesthesia and forceps. Unfortunately, facial paralysis has the potential to be permanent in many cases, whereby 20% of infants with this condition may need surgery.

Many instances of facial paralysis are not lasting. Generally the nerve fiber has not been damaged or torn to a degree for the baby to suffer permanent consequences due to the traumatic birth, delivery or other source of facial paralysis. However, harm to the facial nerve also known as the seventh cranial nerve will show on the baby’s face. The infant child will not be able to move the area or portion of the face including eyes and mouth, which have been inflicted by facial paralysis.

Facial paralysis may be caused by numerous factors such as:

  • Forceps,
  • Traumatic birth delivery,
  • Prolonged pregnancy,
  • Epidural anesthesia,
  • Prolonged labor, and
  • Medication.

If your child was the victim of hospital negligence before, during or after birth and developed facial paralysis as a result, call the Law Offices of Ira M. Perlman, P.C. & Robert D. Rosen, P.C. for a free initial consultation regarding your legal rights in order to obtain full and fair compensation and damages due to the harms and losses suffered by your infant child.

Fractured/Broken Bones

If a doctor does not handle the delivery process with the highest level of care and rushes through the process or uses unnecessary force, the newborn may be at risk for a broken bone or a fracture. For example, negligence by doctors performing deliveries often causes broken collar bones. There are instances when an infant’s shoulders lodge themselves behind the mother’s pelvic bone, which is a complication called shoulder dystocia. A dutiful and careful doctor would be able to rectify this complication effectively without injury to the baby. However, many times this is not the case, and babies with broken collar bones result. If your child was the victim of hospital negligence before, during or after birth and sustained broken or fractured bones as a result, call the Law Offices of Ira M. Perlman, P.C. & Robert D. Rosen, P.C. for a free initial consultation regarding your legal rights in order to obtain full and fair compensation and damages due to the harms and losses suffered by your infant child.

Bruising/External Injuries

Although bruises and other external injuries are known to be among some of the more mild types of birth injuries, they still have the potential to lead to more serious complications and conditions for newborns. Although there are cases of bruising and external injuries sustained by newborns naturally due to their size and due to premature birth, there are many other cases where the injuries could have been prevented. Some common causes of bruising and external injuries from childbirth include:

  • Insufficient response to prolonged delivery,
  • Utilization of ventouse or forceps, and
  • Lack of precision and care during the delivery.

Some common external birth injuries include:

  • Forceps or ventouse marks,
  • Face/head bruising, and
  • Caput succedaneum, or swelling of the scalp resulting from passage through the birth canal.

If your child was the victim of hospital negligence before, during or after birth and sustained bruising or other external birth injuries, call the Law Offices of Ira M. Perlman, P.C. & Robert D. Rosen, P.C. for a free initial consultation regarding your legal rights in order to obtain full and fair compensation and damages due to the harms and losses suffered by your infant child.

How We Can Help You

Ira Perlman and Robert Rosen have over 30 years of experience in winning their clients full and complete monetary compensation for their harms and losses as well as the respect and dignity they so justly deserve. Mr. Perlman is a tenacious and seasoned trial attorney who has been successfully trying his clients’ cases as well as cases referred to the office from other attorneys for over 30 years resulting in substantial verdicts and settlements. Mr. Rosen, with his adept litigation and writing skills has navigated clients’ lawsuits inside and outside the courthouse in order to achieve the excellent results that generate their ongoing success. The Law Offices of Ira M. Perlman, P.C. & Robert D. Rosen, P.C. are prepared to expend all of the necessary resources, financial or otherwise, in order to investigate and prosecute your case including retaining all necessary medical and/or technical experts in the relevant areas and fields and taking your case to verdict at trial if the insurance companies who represent the wrongdoers do not want to fully and fairly compensate you and your loved ones. If you, a family member or a loved one has become a victim due to an accident, malpractice or a serious injury and you would like to achieve optimum results on your claim, call the Law Offices of Ira M. Perlman, P.C. & Robert D. Rosen, P.C. at 212-689-5000 for help including a free initial consultation.