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When is a birth injury considered medical malpractice?

If you or a loved one has had the terrible experience of suffering a birth injury in New York, you are not alone. The Centers for Disease Control and Prevention report that not only are such injuries the leading cause of infant deaths, but one in 33 babies will be born with a birth defect.

In some cases, these injuries are not preventable. However, there are too many cases in which a physician, medical staff or facility makes an error that leads to the incident. Your injury or the injury to your child could stem from the following situations: 

  •        Failure to monitor the infant: Staff members are supposed to ensure that the unborn child has enough oxygen, as failing to do so can result in serious conditions and even death.
  •        A lack of attention to the mother: Pregnant women should be provided adequate prenatal care as well as monitoring during labor and delivery to reduce the risk of an injury.
  •        Wrongful birth: Parents can hold physicians liable when they do not tell them about a medical condition the infant has during pregnancy.
  •        Wrongful pregnancy: Parents who go through sterilization or abortion and have a child could file a malpractice claim.

No matter what led to the injury, you should be aware of the steps you can take to recover compensation. You will have to prove that the defendant was negligent and that the negligence caused the birth defect. According to the New York City Bar Association, you have 2½  years from either the end of the treatment or from the date of the negligence to file a birth injury lawsuit.  

While this information may be useful, it should not be taken as legal advice.

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