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Understanding the basics about birth injuries

Prospective parents have so many hopes and dreams go through their heads as they await the arrival of their babies. All of that can change in an instant if their child is injured during birth. Suddenly, the child may require extensive care and even end up with a medical condition that impacts the rest of his or her life. There are instances where New York parents may want to consider medical malpractice litigation against any medical professionals that may be responsible for birth injuries. Knowing the basics about this area of the law may help them decide what to do.

First, a birth injury typically happens when something goes wrong during delivery. Statistics say that five out of every 1,000 babies suffer a birth injury. Sometimes they happen when a certain medication is used during pregnancy like a teratogen. One common birth injury is cerebral palsy, which can happen if a baby's brain doesn't get enough oxygen during delivery, though this injury may also occur before birth.

The cause for filing civil litigation in connection with a birth injury usually means that a medical professional did not properly handle the conditions of pregnancy or delivery, including any complications that arose. It could also mean the mother was prescribed harmful medication. In court, experts will usually testify regarding the action or inaction of a medical provider and whether everything lined up with an expected standard of care. Any damages awarded will generally be awarded to the affected child, but sometimes parents are compensated for emotional distress. 

If a parent thinks his or her child suffered an injury during birth due to the care given or not given, filing a medical malpractice claim may be the best option. A successfully-litigated claim could result in monetary damages that may help the family cover necessary care over the course of the child's life. Families here in New York with questions about birth injuries may want to reach out to an experienced attorney.

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