Birth Trauma Can Lead To A Lifetime Of Consequences
When preparing for a baby to enter the world, parents start imagining what their child’s life will be like. You may expect that a healthy pregnancy will mean a healthy baby. Sadly, an error during the birth could abruptly change your family’s future.
Birth injuries are deeply personal and upsetting. That is why at the Law Office of Victoria Wickman, we are ready to give a voice to New York parents. You can depend on us to devote our attention to your family, using our legal experience to your benefit.
How Serious Mistakes Harm Infants
Birth trauma can occur due to different forms of medical negligence, including:
- Using excessive force through a forceps or vacuum, which may cause Erb’s palsy
- Failing to monitor maternal health during pregnancy and labor
- Failing to recognize and treat fetal distress
- Inducing labor too early or failing to induce labor when necessary
- Failing to recommend a cesarean section due to risks
If your baby has a serious condition or disability due to a birth error, you deserve to understand your family’s options. Our lawyers at the Law Office of Victoria Wickman will listen to you. With their medical knowledge, they know how to find evidence of negligence, helping families get the compensation they need to move forward.
Some Errors May Affect Babies’ Brains Permanently
One of the most serious types of birth trauma involves traumatic brain injuries. Brain damage could be a result of a lack of oxygen or internal bleeding. In some cases, brain damage would have been preventable with proper medical care during and after birth.
If brain damage occurs at birth, cerebral palsy may affect your baby’s movement, body functions, eyesight, learning abilities and more. Their injuries might affect the rest of their life, and your child might need significant care throughout their lifetime.
Give Your Family A Path Toward Recovery
If a labor and delivery mistake harmed your child, our legal team at the Law Office of Victoria Wickman can help you seek full compensation as your lawyer. Compensation can help with the costs of adaptive equipment, special education, surgical treatments, long-term care and other expenses.
We know how painful birth injuries can be, which is why we will treat your family with care throughout the process. We strive to make medical malpractice lawsuits as easy as possible for families who already face tough challenges.
Frequently Asked Questions About Birth Injury Lawsuits
The answers below address common concerns parents raise when considering legal action in New York.
What compensation can I seek for a birth injury lawsuit?
Compensation in a New York birth injury lawsuit is intended to address both the immediate and long-term consequences of medical negligence. Recoverable compensation may include:
- Medical expenses: Costs related to hospital care, surgeries, medications, therapy and ongoing treatment
- Future medical care: Anticipated costs for long-term treatment, in-home care, assistive devices and specialized medical services
- Rehabilitation and therapy: Physical therapy, occupational therapy, speech therapy and developmental services
- Special education needs: Educational support, tutoring or placement in specialized programs
- Pain and suffering: Compensation for the physical discomfort and emotional impact on the child and family
- Loss of future earning capacity: Financial losses tied to limitations the child may face later in life
Each case is different, and compensation depends on the severity of the injury, the child’s prognosis and the resources required over a lifetime.
How long do I have to file a birth injury lawsuit in New York?
In general, a New York medical malpractice lawsuit must be filed within two years and six months from the date of the negligent act or omission, or when it was discovered. However, New York CPLR Section 208 offers an important exception to this rule, which can allow up to 10 years for a birth injury claim, and sometimes, until the victim turns 18 years of age.
It is important not to guess about the statute of limitations in your case. Speak with an experienced attorney as soon as you suspect a birth injury.
What evidence is needed to prove medical negligence in a birth injury case?
Proving medical negligence requires showing that the health care provider failed to follow accepted standards of care and that this failure caused harm. Evidence often includes:
- Medical records: Prenatal records, labor and delivery notes, fetal monitoring strips, and neonatal records
- Expert testimony: Opinions from qualified medical professionals explaining how care fell below accepted standards
- Hospital policies and protocols: Documentation showing required procedures were not followed
- Imaging and diagnostic results: Evidence of brain injury or other trauma
- Witness statements: Testimony from nurses, physicians or others present during delivery
Birth injury cases are medically complex, and careful analysis of records and timelines plays a central role in determining whether negligence occurred.
Law Office of Victoria Wickman Is Here For You
Call 646-741-4588 or send an email to the Law Office of Victoria Wickman to schedule a free consultation. We understand the importance of your recovery. Your family will not have to pay for attorney’s fees unless we win your case.