Queens Birth Injury Attorney
Preventable Birth Injuries & Your Child’s Care
The prospect of childbirth is both frightening and exciting for any parent. Whether this is your first child or you have been through it before, you want to be certain that you and your baby receive the best care.
If the unexpected happens and you or your child are injured, you probably have a lot of questions. It can be nearly impossible to know whether malpractice was involved, and that is why it is important to talk to an attorney who has experience with these cases.
Queens birth injury lawyer David Kates is here to offer the guidance you need. With his extensive experience in medical malpractice cases, he can get to the bottom of what happened, to determine whether your doctor, nurse, or other healthcare professional failed to provide a standard level of care before, during, or after delivery.
If so, you may be entitled to financial compensation to provide for your child’s medical care, therapy, ongoing treatment, and more.
A just settlement can make all the difference in your ability to provide a stable future for your child. Call (718) 866-3664 to find out more about birth injuries and your child’s lifelong care.
Benefits of Hiring a Birth Injury Lawyer
As a parent, one of the most distressing situations you can face is having your child suffer an injury during birth. It can leave you feeling helpless and unsure of what to do next. In such cases, hiring a lawyer can be crucial in securing the compensation and justice that your child deserves.
At the Law Office of David A. Kates, PLLC, our Queens birth injury lawyers can help you navigate the complex legal procedures involved in filing a birth injury lawsuit and represent you in negotiations with insurance companies and medical professionals. Justice doesn't end with money. Beyond financial compensation, a skilled medical malpractice attorney will work to help you hold responsible parties accountable for their actions and prevent similar incidents from happening to other families.
Types of Birth Injuries
There are different types of birth injuries. Some are completely preventable, and others may occur due to genetic defects or even reasons unknown. Because these are complex and technical matters, it will take a complete investigation and review of medical records to determine whether the appropriate level of care was administered to mother and baby.
The following are examples of birth injuries:
- Cerebral palsy
- Brachial plexus injury
- Erb’s palsy
- Hypoxic Ischemic Encephalopathy (HIE)
- C-Section injuries
- Brain damage
- Oxygen deprivation
- Excessive bleeding
- Clavicle fractures
- Bruising or lacerations from forceps
What is the Most Common Birth Injury?
Most births happen with relatively smoothly, however birth injuries do happen. From the list above, the most common injuries are bruises, fractures, or broken bones. Clavicle fractures are the most common type of fracture. Swelling or the newborn crying when the area is touched are the typical signs of a fracture.
Bruises are very common because of how fragile a newborn's skin is. Bruises, when they do happen, are commonly found on the face, head, and the extremeties. They typically happen during the birthing process itself, but can happen if medical equipment, like forceps, are used improperly.
What Causes Preventable Birth Injuries?
If your child has been diagnosed with a developmental delay or was injured during childbirth, and you want to find out whether some type of negligence or wrongdoing was involved, Queens birth injury attorney David Kates can review the matter and offer his knowledgeable insight.
Preventable birth injuries can be caused by:
- Mismanagement of shoulder dystocia or other childbirth complications
- Failure to provide a timely C-section
- Failure to properly monitor and respond to fetal distress
- Miscalculation of the size of the baby prior to labor and delivery
- Improper use of forceps or vacuum extractor in an instrument-assisted deliver
- Medication errors
- Anesthesia errors
- Hospital-acquired infections
- Mistakes made during a C-section
- Failure to diagnose preeclampsia or other complication/illness
- Negligence after a premature delivery
Damages for Birth Injuries in New York
The term "damages" refers to the losses suffered by an injured plaintiff as a result of the negligent acts of the defendant. New York does not place any limit on the amount of damages that a jury can award a plaintiff.
A child and their parents can recover the full amount of damages that their attorney can prove.
Damages which may be awarded in New York birth injury claims include:
- Pain and suffering
- Present and future medical expenses
- Lost wages of the parent or caregiver
- Costs of specialized care
- Ongoing costs for therapy
- Lost earning capacity - a birth injury could cause a permanent disability which may prevent a child from working or may diminish their earning potential
How Can a Birth Injury Lawyer Help Your Case?
Our medical malpractice lawyers have years of experience with complex birth injury cases. A few of the many ways we can help you during this difficult time is by:
- Evaluating your situation and determining if you have a case
- Communicating with medical providers and negotiating with their malpractice insurers
- Knowing how to represent you aggressively if the case must go to litigation
Contact our Team at the Law Offices of David A. Kates, PLLC To Get Started!
Taking legal action may not be the first thing on your mind if your child has been injured or diagnosed with a serious medical condition, but a successful case may mean that you can fully provide for your child’s medical care and other needs.
With cases of this kind, recovering a fair and complete settlement or award is crucial. If you want to find out whether you have a case and how to move forward, our firm offers a free initial consultation. We can answer your questions and help you get started in the right direction.
Contact the Law Office of David A. Kates at (718) 866-3664 today!
Results MatterMillions of Dollars Recovered for Our Clients
- $5 Million Jury Verdict
“Working with David as my personal injury lawyer was more than I could have asked for.”
- Kristine I.
“I would not hesitate to work with or recommend David again, he is a true benefit to the legal profession!”
- Annmarie G.
“David Kates is a hard working excellent attorney who goes the extra mile.”
- Maria S.
“I highly recommend David.”
- Former Client