The birth of a baby is supposed to be a joyful occasion for a family. But if your baby experienced a traumatic birth and sustained an injury, you and your spouse may be experiencing a range of emotions including anger, frustration and uncertainty. Understandably, you have questions about what caused your baby’s birth trauma and whether it was preventable.
Whether you are a woman who recently gave birth or her spouse, attorney Scott C. Gottlieb is available to discuss your concerns, answer your questions and offer compassionate legal guidance. If you suspect a preventable birth injury occurred to your baby, you should consult with a knowledgeable attorney who has experience handling complex birth injury cases. For your own peace of mind, you need to know what really happened during the delivery process and whether an avoidable medical error occurred. You will want a clear explanation of your legal options if your baby suffered a birth injury.
Injury law attorney Scott Gottlieb is ready to help you in your time of need. We return all calls every day—typically within the hour—even on weekends. Call (607) 304-4121 to talk to an experienced birth injury attorney or fill out our online form for a free case review.
How a Binghamton Birth Injury Lawyer Can Help You and Your Baby
The fact is that neither your doctor nor the birthing center or hospital is likely to admit to you that a preventable birth injury occurred. You may not know whether medical malpractice occurred during your baby’s delivery without the help of an experienced birth trauma lawyer. As soon as you suspect a birth injury, you should contact our birth injury lawyer. Attorney Scott Gottlieb works with medical experts to investigate what occurred during the delivery process.
If you have a potential case, injury attorney Scott Gottlieb will obtain your medical records and have an independent medical expert review them. The medical expert will provide an option about whether the doctor or delivery team failed to follow the recognized standard of medical care during the process. If your doctor failed to do what another physician would reasonably do in a similar situation and caused birth trauma as a result, then the provider may be liable for medical malpractice.
If your baby’s injury will cause a permanent impairment, we will work with a life care planner to estimate the lifetime costs of the injury.
Our birth trauma attorney will submit a claim to the doctor’s malpractice insurance provider for full compensation and negotiate aggressively on your behalf. Most doctors and hospitals will not agree to provide compensation until your attorney presents solid evidence showing the doctor’s error. If the insurance company refuses to agree to a reasonable settlement, we will be ready to go to court to seek justice.
We will provide compassionate legal guidance to you and represent your interests aggressively during the entire process. We will keep you informed of our progress in resolving your case.
What Kinds of Birth Injuries Do Lawyers Handle?
Obstetricians and delivery teams must use the utmost care to avoid injury to infants during the birthing process. They must recognize potential complications of a high risk pregnancy and be ready to react quickly if complications arise such as signs of fetal distress or an unexpected shift in the baby’s position. The most common types of medical negligence involve improper responses or delayed responses by an obstetrician resulting in unreasonable delays in performing an emergency C-section.
One of the most common factors in severe birth injuries is oxygen deprivation. A newborn’s oxygen supply may be compromised if the baby is in a breech position, if the umbilical cord is pinched, or if there are problems with the placenta. Reduced oxygen can lead to birth asphyxia and cause brain damage and conditions such as cerebral palsy and Erb’s palsy, two forms of birth trauma that Scott Gottlieb frequently handles.
- Cerebral palsy. A reduction in oxygen to the child’s brain during delivery may cause a brain trauma that results in cerebral palsy. Malformation of the baby’s brain during pregnancy may also cause cerebral palsy. Children diagnosed with cerebral palsy often have difficulty with muscle control and coordination, talking and learning. If your child has been diagnosed with cerebral palsy, it is important for you to find out what caused your child’s condition.
- Erb’s palsy. Babies that develop Erb’s palsy sustain injury to the network of nerves that connect the spinal cord to the neck and arms. This type of birth injury can occur if the doctor uses too much force and stretches the neck and shoulder during delivery. This condition impairs the normal movement of the child’s arm.
- Klumpke’s palsy. Another type of brachial plexus injury, Klumpke’s palsy causes paralysis of the hand or fingers. Klumpke’s palsy may be caused by excessive force on the neck as the shoulders move through the birth canal.
- Shoulder dystocia. If an infant’s shoulders are wide and get stuck behind the mother’s pelvic bone during delivery, the baby may suffer damage to the head or shoulders.
- Persistent pulmonary hypertension (PPHN). Mothers who take certain antidepressants are at risk of delivering a baby with PPHN —a heart condition that can be life-threatening. Antidepressants have also been linked to other heart defects in infants. Drug manufacturers who fail to put warnings on medications that may harm pregnant women may be held responsible for the birth defects caused by their products.
- Torticollis. Infants who keep their head tilted to one side may have a condition called torticollis. The condition may result from trauma during birth or be congenital.
- Skull fractures. An infant may experience a skull fracture if a doctor applies excessive pressure with forceps or other instruments to extract the baby from the birth canal.
How Long Will Resolving My Birth Injury Case Take?
Birth injury cases typically involve serious injuries and are complicated to investigate and resolve. The amount of time will depend on the severity of your baby’s injury, how long it takes to secure medical records, the complexity of the birth trauma investigation and whether the insurance provider is ready to settle.
Some medical malpractice insurance providers will use delaying tactics, hoping that you will give up or agree eventually to a low-ball offer. They may refuse to negotiate a settlement until a case is about to go to trial.
Birth injury cases are rarely resolved in a few months. If the case goes to trial, it may take several years to conclude. As an experienced Binghamton birth injury lawyer, Scott. C. Gottlieb has the experience and determination to pursue your birth injury case no matter now long it takes to seek justice.
Is a Binghamton Birth Injury Lawyer Expensive?
Attorney Scott C. Gottlieb handles birth injury cases on a contingency fee basis. He understands that most families could not afford to pay out of pocket to hire a birth injury attorney. If our law firm accepts your case, you will not owe a legal fee unless we obtain a settlement or jury award for you. If we secure a settlement or award for you, we will receive a percentage of the amount to cover our legal fee and case expenses.
Contact a Binghamton Birth Injury Attorney
Scott C. Gottlieb understands the devastating impact a birth injury can have on a family. You need a compassionate attorney with experience in birth injury lawsuits. Call our Binghamton office at (607) 304-4121 or fill out our online form for a free case review.