The birth of a child should be one of the greatest moments of your life. Unfortunately, for some families, childbirth can be a stressful and challenging time. This is particularly true for parents whose children are injured by a negligent medical professional during labor or delivery.
If your child sustained an injury at birth, our team of dedicated medical malpractice attorneys can help your family seek justice. You have the right to pursue legal action on behalf of your child, and a successful suit could be your best option for holding the negligent doctor or nurse accountable. Let a Williamsville birth injury lawyer give you the guidance and support you need.
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Common Types of Birth Injuries
Not all birth injuries are the same. Some result from trauma that occurs during labor or delivery. Other birth injuries result from some form of negligent medical treatment or decision-making that happened during the course of the pregnancy. A Williamsville birth injury attorney can pursue legal action based on either of these circumstances when negligence is involved.
Brain injuries are a common—and serious—medical condition that can occur during labor or delivery. Some common types of brain injuries include cerebral hemorrhages and subdural hematomas. Other common birth injuries include:
Brachial palsy
Bruising or marks from the use of forceps
A swelling of the soft tissue of the baby’s scalp caused by vacuum extraction called caput succedaneum
Cephalohematoma, which is bleeding between the skull and its fibrous covering
There is also the risk of nerve damage following a birth injury. This nerve damage can occur in the face, hands, or arms, depending on the circumstances. In addition to nerve damage, some infants suffer bone fractures and other wounds to the bone or cartilage. These injuries can lead to life-long disabilities, especially if they are not treated immediately.
The Statute of Limitations and Birth Injuries
A legal deadline called the statute of limitations applies to every injury lawsuit filed in New York. This statute is designed to prevent lengthy delays between injuries and lawsuits. It can be a significant pitfall for injury victims, as the court will likely dismiss any case filed after the deadline expires.
According to state law, the time limit for medical malpractice cases is fairly short. The statute offers most people two and a half years from the date the negligence took place. Thankfully, there are additional protections for the victims of birth injuries. In these instances, it is possible to toll—or pause—the statute of limitations. This gives the parents additional time to file legal action against the at-fault party. For birth injuries, a child or their parents have ten years from the date of birth to file a lawsuit.
Navigating the legal system alone is never easy, especially with the threat of the statute of limitations weighing on a family. A Williamsville birth injury attorney can ensure that a lawsuit is filed in time to comply with the statute of limitations.
Call a Williamsville Birth Injury Attorney for Trusted Legal Guidance
Having your child sustain harm is never an easy experience. When your child suffers a birth injury, you have the right to pursue justice through a civil lawsuit.
The right attorney can help you secure fair compensation for your child and hold the at-fault parties responsible for their negligence. Reach out to a Williamsville birth injury lawyer to begin reviewing the details of your case.
With over 25 years of combined personal injury experience, our co-founding attorneys, John E. Richmond and Keith R. Vona, have helped injury victims and their family members recover more than $150 million in financial relief.
John E. Richmond
Co-Founding Member
As one of New York’s top personal injury attorneys, John E. Richmond understands that clients come first. With over a decade of experience representing plaintiffs, he knows how to hold negligent corporations and big insurance companies liable.
In his nearly 15 years in practice, Keith has been consistently recognized for his client service and record of results. He has been selected for inclusion in the New York Super Lawyers® Rising Stars list four times (2013 to 2016), an honor reserved for the top up-and-coming attorneys.
