The term “birth injury” refers to any physical or emotional trauma suffered by a child or his or her mother during labor and delivery. There are many forms of birth injury that range from mild to severe, including:
- Fractured bones – Broken bones are one of the most common forms of birth injury. Although they can occur naturally during a difficult labor, bone fractures are usually avoidable. Broken bones can also be the result of medical malpractice such as improper handling by a doctor.
- Facial paralysis – The facial nerve, also called the seventh cranial nerve, can be damaged during birth. It is difficult to identify the exact cause of facial paralysis after birth but research suggests excessive force and improper use of forceps can lead to facial paralysis.
- Brachial palsy – The brachial plexus is a cluster of nerves that controls sensation and movement in the hand, elbow and arm. If damaged, a child may temporarily or permanently lose functionality in the arm. Doctors can trigger brachial palsy by mishandling the child.
- Vacuum extractor injuries – Vacuum extractors can quicken a difficult labor; however, improperly used vacuum extractors can lead to serious birth injuries. For example, a vacuum extractor could cause a serious head injury if doctors apply too much suction to the child’s skull.
Former Medical Malpractice Defense Attorney
At The Law Office of Richard M. Kenny, we believe the birth of child should be characterized by joy, not by fear and uncertainty of a birth injury. If your child suffered an avoidable injury at birth, our team of New York City birth injury lawyers has the resources and experience to represent your case. One of our attorneys, James Lundy, is a former medical malpractice defense lawyer. Today, we use attorney James Lundy’s understanding of medical malpractice defense to create insightful and effective strategies for our birth injury clients.
Birth Injury Statute Of Limitations In New York
According to New York law, you have two-and-a-half years to file a claim or lawsuit against a negligent doctor or hospital. NY CPLR § 214-a states that: An action for medical, dental or podiatric malpractice must be commenced within two years and six months of the act.
If you suspect your child’s injury or medical condition was caused by a negligent doctor during labor or delivery, act today and call our firm. If the symptoms of your child’s injury were not apparent for several years, the statute of limitations may be extended to two-and-a-half years after the child’s 18th birthday, depending on the nature of the injury.
Contact The Law Office of Richard M. Kenny to see what a top-notch New York City personal injury lawyer from our team can do for your case.