BIRTH INJURIES FAQ'S

Answers to your Questions

WHAT ARE THE TIME LIMITS FOR FILING A MEDICAL NEGLIGENCE CASE IN N.Y. AND PENNSYLVANIA?
There is a statute of limitations for filing medical malpractice claims of 2.5 years in N.Y. and 2 years in PA.  These time limits start to run at the time of the alleged malpractice.  We know this sounds like a lot of time but believe us when we tell you time flies when you are investigating these cases and doing the necessary work to make sure all the necessary parties are sued before these time limits expire.  There are very limited exceptions to these time limits so if you are in doubt, just E-mail us at info@zifflaw.com or call us at 1-800-ZIFFLAW for a free case evaluation.

What are the most common types of birth injury?

• Cerebral Palsy
• Fetal Distress Due to Lack of Oxygen at Birth
• Erb's Palsy / Brachial Plexus Injuries (Neuroma, Rupture, Avulsion)
• Shoulder Dystocia
• Stillbirth
• Brain injury caused by improper use of Vacuum Extractors or Forceps
• Seizures
• Meconium Aspiration
• Excessive Bleeding

My child was diagnosed with  Cerebral Palsy. What is cerebral palsy AND COULD IT HAVE BEEN CAUSED BY MEDICAL NEGLIGENCE?
Cerebral palsy is a condition involving a group of disorders that affects the child's ability to control his or her own movement. Cerebral palsy results from injury to the cerebrum (the largest portion of the brain, involved with higher mental faculties, sensations, and voluntary muscle activities). It can be caused by injury to the brain before, during, or after birth.

My child was diagnosed with Erbs Palsy (aLSO CALLED Brachial Plexus Palsy). Can this be the result of medical malpractice?
Yes.  Erb's Palsy can be caused during the birth process if a doctor or nurse negligently applies too much force in attempting to deliver a baby.  Any excess stress to the baby's neck during delivery may result in injuries  to the baby's nerves. This can result in paralysis of the arm, causing it to be limp or dysfunctional. Injuries such as these are classified by severity.

• Avulsion rupture is when the nerves are torn away at the area of the spine.
• A neuroma is when the nerves are torn, but during the healing process, scar tissue has formed. This can result in the disabling of the arm.
• A rupture occurs when the nerves tear at other locations.

What are the most common types of medical negligence in a birth injury case?
Most birth injuries occur when the nurses or doctors fail to promptly respond to a baby or mother showing obvious problems during the delivery process.  Doctors are nurses responsible for delivering babies are supposed to be trained to recognize problems and to immediately respond to those problems.  Everyone knows that any delay in delivery can result in devastating injuries to the baby or mother-- permanent injury or death.

Delayed responses by the medical staff can occur for many different reasons such as:

• Inattention by the nursing staff (believe it or not we have one case right now where the nurses have admitted that they left a mother in labor unattended for more than one hour-- sadly this baby suffered cerebral palsy, permanent brain damage and is a quadraplegic)
• Failure to properly train medical staff in the correct interpretation of the electronic fetal monitor strips (what good is this great piece of equipment if the nurses aren't properly trained to read the strips?
• Failure to respond to common complications like a larger baby than expected or an unexpected shift in baby's position.

 Other complications, which the medical staff should be prepared to diagnose and treat include:

• Bleeding, fetal distress, or lack of oxygen experienced by mother or infant
• Umbilical cord entrapment or compression
• Prolonged labor
• Breech presentation of the baby
• Fetal distress
• Delay in decision to do cesarean section
• Use / misuse of vacuum extractor or forceps
• Delay in recognizing or treating infections like bacterial meningitis and viral encephalitis
• Excessive water retention and weight gain by mother
• Shoulder dystocia

What factors would suggest that my baby's Cerebral Palsy was caused by medical negligence?
Many factors may suggest that your baby's injuries were caused by a delay in delivery:

• Poor APGAR scores (these are scores assigned within the first 10 minutes of the baby's birth and evaluate the baby's color, respirations, muscle tone, heart rate and response to stimulation-- a perfect score is 10-- lower scores often signify a problem during the delivery)
• Low umbilical cord blood gases
• Blue skin color of the baby
• Meconium (meconium is the baby's feces that can be excreted into the amniotic fluid if the baby is under significant stress) on the baby's body or in the amniotic fluid after delivery
• Seizures within the first few days after birth
• Placing a full-term baby in the Intensive Care Unit (NICU)
• An emergency Cesarean Section (C-Section)
• A baby who has poor muscle tone
• Baby needs resuscitation after birth
• Baby is not delivered within 24 hours of water breaking

What should I do if I suspect medical negligence caused my child's birth injury?
As soon as you suspect that negligence may be the cause of the birth injury in your baby, you should contact us so that we may promptly evaluate your case. It is necessary to gather facts and evidence as early possible as these cases can be very difficult and it can take a significant period of time to thoroughly investigate a case and hire the necessary experts .

How do I know if my doctor's negligence caused my child's birth injury?
There are several tools that birth injury attorneys use to prove that an injury was caused by negligence or carelessness. An experienced attorney will closely observe and investigate every aspect of your pregnancy and childbirth. He or she will carefully study the medical records, including neonatal records, the fetal heart monitor strip, newborn records, and your labor and delivery records. Also, copies of imaging studies performed on the child, including ultrasounds, CT scans, or MRIs of the head should be carefully studied. Any deviation from the standard of care is an indication that negligence has occurred.

What are other types of birth injuries?

• Fractures or broken bones
• Intracranial hemorrhage - bleeding in the baby's brain
• Spinal cord trauma 
• Cranial nerve trauma
• Swelling, bleeding, bruising, or discoloration of the scalp
• Depressed skull fractures
• Bruising/forceps marks on the head
• Facial paralysis
• Temporary body paralysis
• Group B strep infections
• Spasticity - a condition in which certain muscles are continuously contracted
• Paraplegia
• Quadraplegia

What is the difference between a birth defect and a birth injury?
Birth injuries are generally caused by something that went wrong during delivery itself, while birth defects usually involve harm to a baby that arose prior to birth, due to something that happened during or before the pregnancy.

Should I hire a lawyer to help with MY birth injury claim?
Yes. It is very difficult to determine whether you have a case or not and therefore it is VERY important that you speak with an attorney who has significant experience handling medical malpractice cases.  BEWARE:   all attorneys are NOT equally qualified to handle birth injury cases as these cases are VERY complicated and often VERY difficult.  You should make sure that any attorney you are considering for your case has successfully handled birth injury cases before.  At the Ziff Law Firm, Jim Reed has handled many very substantial birth cases (see Our Results for just a few examples) and he would be happy to meet with you to discuss your case.  You may E-mail him directly at jreed@zifflaw.com or call him at 1-800-ZIFFLAW.