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Birth Injury

Even with remarkable medical advances in medicine in the recent past, a birth injury can still happen. A birth injury can occur without warning, causing severe damage to the infant and significant emotional suffering for the parents. Cerebral palsy is a common type of birth injury. According recent statistics out of every 1,000 births, 27 will involve a birth injury. A common type of birth injury involves a brain injury that leads to cerebral palsy. Other types of birth injuries may involve a spinal cord injury, broken bones, and facial injuries. In many cases a birth injury occurs when the pregnancy or delivery has complications. In other cases even where the delivery is not complicated a medical misdiagnosis may cause the baby to suffer a birth injury that will have lifelong, permanent consequences for both the baby and the parents. In the same way that a victim of a car accident may seek damages from the negligent person through a personal injury claim, New York law allows victims of medical mistakes and their family members to seek damages as well. If are in need of a New York Injury Lawyer because you believe that your child suffered a birth injury as a result of a medical misdiagnosis or some other type of medical malpractice, it is important that you immediately contact an experienced Bronx Birth Injury Lawyer who will help you pursue compensation for your child’s injuries.

Common Types of Birth Injuries

Current statistics report that 27 of every 1,000 births will involve a birth injury. Injury to the child can happen at any stage during the delivery process. Cerebral palsy is one of the most commonly seen birth injuries. This disorder includes a variety of disorders related to the child’s muscle coordination and movement. Often these injuries arise when the infant does not get enough oxygen due to a tangled umbilical cord, fetal distress, or the aspiration of meconium. Symptoms can include difficulty breathing, seizures, poor muscle control and paralysis. Other commonly seen birth injuries include:

  • Perinatal asphyxia
  • Hypoxic Ischemic Encephalopathy
  • Sepsis
  • Seizure
  • Spastic Quadriparesis
  • Erb’s palsy

Depending on the severity of your child's condition a birth injury may require that your child receive lifelong special care. For example, many conditions will require that your child have multiple surgeries, physical therapy, and occupational therapy. In addition, your child may require special assistive technologies such as a motorized wheelchair, special software, modified keyboard, and apps for a tablet or phone.


Jennifer Ferraro gave birth to Eduardo Nobre on September 3, 2006 at St. Anthony's Community Hospital. Eduardo was delivered by Dr. Shanahan. Shortly after delivery Eduardo was diagnosed with several conditions including Erb's palsy, shoulder dystocia, fetal distress, and lack of muscle control in the arm, hand, or wrist. As a result of his medical problems Eduardo is not able to independently complete activities of daily living, and must use therapeutic devices to move around. Ferraro filed a medical malpractice lawsuit against Dr. Shanahan arguing that he was responsible for Eduardo's condition. Nobre v. Shanahan, 976 N.Y.S.2d 841 (N.Y. Sup. Ct., 2013).

Causes of Birth Injuries

Birth injuries are often caused by negligence on the part of a doctor or other health care provider. Labor and delivery errors include failure to detect changes in the baby's heart rate and other signs of fetal distress, delay in ordering a C-section, failure to diagnose a birth complication, administering the wrong medication or an improper dose of the correct medication, or improper use of forceps, vacuum extractors or other medical tools. When administered properly anesthesia can help a mother have a more enjoyable, less painful childbirth experience. When a mistake is made in the administration of anesthesia, both the mother and baby may be suffer such problems as drug toxicity, jaundice, abnormal heart rate, paralysis, heart attack, stroke or even death. Other errors that result in birth injuries include failure to diagnose or properly treat a pregnancy complication such as preeclampsia, gestational diabetes, breech pregnancy or umbilical cord complications.

In some cases the effects of physician error is temporary, or can be fixed through corrective medical intervention. In other cases injured children will require full-time care for life and will never experience the quality of life that all parents hope for their children.

Bronx Birth Injury Lawyer

Birth injuries can leave a family emotionally and financially devastated. Learning that the condition was preventable and caused by the errors of healthcare workers only adds to the emotional pain. If you are concerned that your child's cerebral palsy, or other condition was caused by negligence, do not hesitate to immediately contact an experienced birth injury attorney. Contact Stephen Bilkis and Associates, PLLC to discuss the details of your case. Our staff is experienced in handling claims from people injured due to the mistake of a healthcare worker. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case.

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