Despite advances in prenatal care and medical technologies, birth injuries still occur during labor and after delivery. According to the Centers for Disease Control, birth injuries occur in every 8 out of 1,000 live births.
While the kinds of birth injury sustained by an infant or mother are various, the result is often the same: pain, suffering and countless medical bills. Some injuries can be quickly recovered from, while others may permanently alter the quality of life of both mother and child. Depending on the type of birth injury, the total lifetime costs of treatment can be much more than the average family can afford.
New York Birth Injury Attorneys
We trust medical professionals to be skilled and flexible enough to handle the unexpected demands of the delivery room. When birth trauma and injuries to your baby are caused by the mistakes of doctors and physicians, the law allows those at-fault to be held accountable for damages to you and your family. An experienced birth injury attorney can help you exercise your legal rights to compensation.
If you have been the victim of a birth injury, an experienced medical malpractice attorney will be able to inform you of your legal options. For over 35 years, the law firm of Oshman & Mirisola has successfully represented New Yorkers and Americans nationwide in their legal matters. We’ve seen the devastation and long-term trauma birth injuries can cause.
Birth injury cases are complex, and we will tirelessly fight the wrong-doing and recklessness that has impacted your lives.
Common Birth Injuries
Birth injuries typically occur due to the medical staff’s failure to diagnosis or treat prenatal, labor and delivery issues. Common birth injuries include, but are not limited to:
- Anoxia (oxygen deprivation)
- Bone fractures
- Brain damage
- Cerebral palsy
- Cephalohematoma (hematoma under the skin on the infant’s skull)
- Erb’s palsy
- Facial paralysis
- Fetal lacerations
- Perinatal asphyxia
- Persistent pulmonary hypertension of the newborn
- Spinal cord injuries
- Wrongful death
Are All Birth Injuries Medical Malpractice?
Many traumatic birth events, such as shoulder dystocia, occur through a doctor’s failure to diagnosis, improper execution of a technique, or failure to order a C-section. A defective product, like a dangerous prescription drug, can also can be responsible for a birth injury.
Some birth defects are congenital, meaning they occurred while the fetus was developing as a result of that child’s genes. While this is not directly considered medical malpractice, if your doctor failed to diagnosis or provide treatment options, this would be considered malpractice.
The only way to truly discover if the birth injury was caused by a mistake on the doctor or medical staff’s part is to gather all the evidence to prove it. An experienced birth injury attorney can help you gather the documents, medical records, and witness testimony to build a strong case that wins the compensation you need.
How Oshman & Mirisola Can Help
When you contact Oshman & Mirisola, we will listen to your experience and provide valuable feedback on whether or not you have a case. To help us better decipher this, be sure to gather all the medical documents you can beforehand.
Once we understand the details, your case moves into the pre-litigation process. During this phase, we gather all the necessary documentation and testimony to present the strongest case possible. We will review every detail of your case and keep you informed of our findings. After this, we can propose a settlement amount to the defense. In the event that a settlement amount cannot be agreed to, the process moves onto the litigation phase.
Litigation is often the longest part of the lawsuit process. A formal complaint must be filed with the defendant and their legal team. This is also known as the discovery stage, in which the defense has the right to review any and all evidence being presented for your case. Most defendants choose to settle before the case goes to trial. However, in the event that a settlement still cannot be reached, a trial date will be set. The defense will have the opportunity to agree to the settlement until the very last week of trial.
This process can last several months, or even years, but we will be there to support you every step of the way.
Past Birth Injury Cases and Settlements
The law firm of Oshman & Mirisola has a proven track record of winning settlements and verdicts for our clients. Our past medical malpractice victories include:
- $2,625,000 Erb’s palsy settlement – a mother with gestational diabetes was forced to vaginally delivery her 9lb 6oz baby, who subsequently became stuck behind the cervix. Instead of ordering a C-section, the doctor used an improper delivery technique that resulted in a brachial plexus injury (Erb’s palsy) to the infant.
- $10,500,000 Cerebral palsy case – this was a trial case of a child who suffered severe brain damage as a result of the doctor’s failure to provide proper prenatal treatment for a mother with a high-risk pregnancy.
- $42,000,000 Cerebral palsy settlement – for a mother whose doctor failed to monitor her progress during labor, which resulted in a cerebral palsy birth injury.
If you suspect your child’s birth injury was caused by medical staff negligence, please do not hesitate to call our office today. The law limits the time you can come forward with personal injury claims. We want to help you hold accountable those whose decisions have so negatively impacted your family.
A case evaluation is free and at no obligation to you. Let us help put your mind and heart at ease by seeking justice against those who have wronged you.