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Assertive Legal Counsel In Birth Injury Malpractice Cases

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If your baby was injured during childbirth or during prenatal care, and you are wondering how to provide care for your child following a disabling birth injury, you may be angry and confused. You should not accept the explanations or excuses offered by your doctors or hospital staff. Instead, you should consult an experienced medical malpractice lawyer as soon as you suspect there is a problem.

At Lozner & Mastropietro, in Brooklyn, New York, our lawyers have extensive experience handling birth injury claims. We are dedicated to helping children injured at birth and their families recover the compensation they need.

To speak with one of our attorneys about your child’s birth injury or wrongful death, please contact our office to schedule a complimentary consultation.

Causes Of Birth Injuries

A birth injury may occur when a physician, a midwife or a nurse does not react quickly and sufficiently to the signs of patient or fetal distress. Birth injuries also occur when substandard care is provided during the labor and delivery process.

Our lawyers will help determine if the birth injury was caused by:

  • Failure to respond to bleeding
  • Delay in ordering a C-section
  • Failure to respond to fetal distress
  • Improper newborn care after birth
  • Failure to respond to umbilical cord distress
  • Failure to manage infection

Injuries Resulting From Medical Negligence

The entire family may be devastated by the paralysis, brain damage or death of a baby injured by the negligence of medical professionals. We handle cases involving the following types of birth injuries:

  • Bone fractures
  • Damage to the spinal cord
  • Bruising and skin irritation
  • Paralysis
  • Infections
  • Brain damage
  • Internal bleeding
  • Injury due to forceps
  • Cerebral Palsy
  • Erb’s Palsy / Brachial Plexus Palsy
  • Death

A baby with a birth injury may be depressed, pale or blue after birth; have seizures and neurological problems soon after birth; or have permanent brain damage causing Cerebral Palsy, blindness, mental retardation or learning disabilities.

If you feel your child’s disability or symptoms may have been caused by a birth injury, the answer may lie in hospital records and pre-natal medical records. Our firm regularly retains the services of medical experts who carefully review these records and help us determine whether a breach of the applicable standard of care occurred.

We Are Ready To Advocate For You

At Lozner & Mastropietro, our attorneys are dedicated to helping children injured at birth and their families recover the compensation they need. If you believe that your child’s birth injury may be the result of a medical mistake, or you simply need more information, please call us at 917-920-9431 or use our online contact form to schedule a consultation.

Frequently Asked Questions about Birth Injuries

What is a birth injury?

Birth injuries can occur as a result of medical mistakes during pregnancy, labor and delivery or immediately after birth of an infant. If a medical professional is careless, makes a mistake or omits to act in a medically accepted manner, an infant could suffer a birth injury or even die as a result. Birth injuries are a type of medical malpractice case.

Who may be responsible for my infants birth injury?

The hospital, the doctor, the nurse or the midwife are just some examples of who could be responsible for your infants birth injury if they failed to render care in a professionally accepted manner when monitoring your pregnancy or delivering your child.

What is medical malpractice?

Medical malpractice is negligence committed by a professional health care provider a doctor, nurse, dentist, hospital or hospital worker whose performance of duties departs from a standard of care of those with similar training and experience, resulting in harm to a patient or patients. It can result from a failure to act or from acting improperly.

Do I need a lawyer to pursue a birth injury case?

Yes. Birth injury cases are very complex, time consuming and can be quite expensive to litigate.

What is negligence?

Negligence is the failure to use reasonable care, or a failure to use the same degree of care that a reasonable person would use under the same circumstances. Evidence of negligence is the basis for liability in most personal injury and wrongful death cases.

I signed a consent form. Have I waived my right to bring a birth injury claim?

No, not necessarily. A consent form can be an indication that you were informed of certain risks associated with the treatment or procedures, but it does not give a doctor or hospital a license to commit malpractice or to otherwise act in a negligent manner.