Obstetrical and Birth Injury Malpractice
Pursuing Justice with a passion–making a difference in lives.
What sets us apart from most personal injury law firms is our commitment and passion to protect the rights of brain injury victims.De Caro & Kaplen, LLP Provides Compassionate Legal Representation to the Victims of Birth Injury Malpractice and Their Families.
We are honored that our founding partner, Michael V. Kaplen, has been Board Certified in the area of Medical Malpractice by the American Board of Professional Liability Attorneys.
As experienced New York birth injury attorneys, we understand that many cases of injuries to newborns and their mother are preventable. When retained in a birth injury case, we make it our practice to review all pre birth office visits and all the hospital records pertaining to labor and delivery. We understand that infant head injury, permanent brain damage caused by fetal distress and physical injuries to the arm, shoulder and hand are often caused by tragic mistakes and medical mismanagement.
Risks and Mistakes Associated With Birth Injury Law
The obstetrical field causes many devastating injuries to both mothers and newborns. Infants born with cerebral palsy, erbs palsy and other brain or nerve impairments are very often the victims of birth injury malpractice both at the time of delivery and during the course of the mother’s pre natal care at the obstetrician’s office.
Malpractice may cause injury to both mother and child
Often the mother is also a victim of medical malpractice where conditions such as pre eclampsia and eclampsia are not properly diagnosed and treated. Other toxic conditions such as pre eclampsia or blood pressure conditions go recognized and unchecked leading to death or permanent injury to both mother and child. Frequently infections develop because of improper treatment and a delivery is botched leading to tissue and nerve damage in the mother.
In new borns, injury to the nerves in the arm and hand are often caused by careless medical conduct. These injuries are known as a Brachial Plexus Injury or Erb’s Palsy. Injury to the new born’s brain is often caused by failing to properly monitor the labor and delivery leading to Cerebral Palsy.
Failures in obstetrical management leading to birth related injury include:
- Failure to properly recognize or respond to bleeding including abruptio placenta
- Failure to properly recognize or respond to umbilical cord compression or prolapsed cord
- Failure to properly recognize or respond to fetal distress and fetal monitoring strips
- Failure to properly recognize and treat infections
- Failure to timely perform a Cesarean Section
- Misuse of vacuum extractor
- Misuse of forceps
Danger signs during labor and delivery often go unheeded
When a baby travels down the birth canal, a large fetus or one that is improperly positioned can be present dangers for safe delivery. In many cases, birth becomes hazardous or even impossible. There are many signs to alert the observant obstetrician to these potential problems and allow him or her to take proper steps before they cause birth injury and even brain injury.
Tool such as sonograms, which will show you the baby’s position, and blood tests to determine conditions such as diabetes are simple to administer and the results if properly interpreted can avoid tragic results and infant brain damage.
Often monitoring of a mother’s weight gain and reviewing with her the history of her past deliveries can alert an obstetrician to potential problems during delivery and allow for precautions to be taken to prevent injury to the newborn.
At times a cesarean section is necessary and because of inappropriate physician delay in making the decision to perform one, a baby sufferers irreversible injuries.
Cerebral Palsy and Infant Brain Injury is often caused by insufficient amounts of oxygen reaching the brain of the newborn prior to birth. The oxygen supply can be interfered with by the premature separation of the placenta (abruptio placenta), by a placental cord being wrapped around the neck of the fetus, by umbilical cord prolapse, by an unusual position of the baby in the birth canal, labor that is too long or contractions that are too strong.
Sometimes, drugs used to stimulate labor such as Pitocin can have tragic effects on the fetus. These medications can cause unnatural contractions which severely limit the amount of oxygen that the fetus receives causing profound brain damage.
As knowledgeable New York birth injury attorneys we understand how to review and interpret office obstetrical records as well as the labor and delivery records from the hospital. We will consult with qualified experts to determine how and why you baby was injured.
We understand that often the lack of oxygen can be identified by the fetal distress that is causes to the infant. This can be measured by proper reading of the fetal monitoring strips. Prompt delivery of the infant, many times utilizing a C section, also known as a Cesarean section can avoid permanent brain injury to the baby.
ERB’S PALSY CAUSED BY MALPRACTICE
In cases of Erb’s Palsy, also known as shoulder dystocia, the fetus becomes trapped in the birth canal because it is too large to pass through the pelvis or is trying to pass in an improper position. When excess traction is placed on the fetus to pull it out, injury to the brachial plexus, the group of nerves that run from the shoulder to the spine takes place. This injury can cause permanent damage to the hands, arms or shoulders.
Proper techniques by the doctor to reposition the baby can avoid this tragic consequence. But more important, doctors should be aware of the potential of this obstetric emergency by carefully determining the potential weight and position of the baby before active labor begins.
Excessive weight gain during the pregnancy, diabetes, obesity, prior delivery of large babies should all lead doctors to suspect the possibility of a large baby and plan for a c section. Often times, if a sonogram is taken and read properly, the malposition of the fetus can be determined and appropriate measures instituted.
DE CARO & KAPLEN, LLP KNOW THE BIRTH INJURY LAWS
Birth trauma lawyers can prove that doctors were negligent in causing cerebral palsy, brain damage, shoulder and arm injuries by carefully studying the prenatal office records of the mother and the labor and delivery records while in the hospital. They will look at the fetal monitoring strips, sonograms, blood tests, urine studies and blood pressure readings to determine whether the proper level of care was rendered.
If your child or yourself has been the victim of a birth related injury, the New York birth injury lawyers at De Caro & Kaplen, LLP may be able to help. You can telephone us for a free, no obligation consultation. Toll free 1 866 BRAINLAW.
