Help If You Or Your Child Suffers A Birth Injury

In the United States, we like to think of childbirth as a safe occurrence and a happy occasion. Sadly, this is not always the case. It surprises many people to learn that mothers still die in childbirth, especially the obese and those in poor health, and that the numbers are going up.

At the Jacob D. Fuchsberg Law Firm, we stay up to date on the most current laws affecting obstetrical care, medical malpractice and birth injury litigation. For example, in New York it is possible to sue for pain and suffering if a mother or couple loses a baby prior to childbirth. A stillborn baby is emotionally devastating, and even more so when it is due to medical malpractice or obstetrical negligence or a surgical error during delivery.

For nearly 90 years, our law firm has been fighting for personal injury victims. We have experience dealing with the consequences of improper treatment during pregnancy or delivery and a track record of success in medical malpractice litigation.

Please contact our New York obstetrical malpractice attorneys if you or your baby suffered an injury during prenatal care or delivery.

We know how to get to the bottom of the negligence issue and bring your matter to a successful conclusion. When reviewing a potential case for obstetrical malpractice we will secure a highly qualified obstetrician to evaluate the following prenatal issues and make certain that all aspects of care are thoroughly investigated, including:

• Evaluation of sonograms and pelvic exams to determine estimated date of confinement (Date infant is due to deliver)
• Evaluation of weight gain of mother during the first, second and third trimester; Determination of whether mother suffers from gestational diabetes and propensity to deliver a macrosomic baby (greater than 4500 grams)
• Identification of whether mother required bed rest and/or a cervical cerclage
• Determination of whether appropriate medications were utilized to prevent pre-term labor and/or steroids were appropriately used in the event the infant was delivered prematurely
• Appropriate ordering and evaluation of non-stress tests and biophysical profiles of infant
• Evaluation of fetal heart monitoring strips to determine if the fetus was exhibiting any signs of fetal distress
• Whether a fern test and pH test were performed to determine if amniotic fluid was leaking and indications for delivery present
• Did the physician obtain a proper past obstetrical history to make a determination if the Mother should treat with a high risk obstetrician?
• Whether the pregnancy was “post-dates” and delivery should have been accomplished earlier
• Were medical history issues identified and left un-addressed?
• Was placental dysfunction identified?
• Did obesity result in fetal metabolic acidosis and were steps taken to prevent this?
• Was polyhydramnios (excess amniotic fluid) properly treated?
• Was the blood pressure of the mother appropriately monitored and controlled?
• Was a diagnosis of the condition of pre-eclampsia missed by the treating obstetrician causing the Mother to develop seizures that resulted in an anoxic injury (lack of oxygen) to the fetus?
• Was an amniocentesis performed at the correct trimester interval and was it performed without injury to the mother or fetus?

The pregnancy and birth of a child is one of the most important life experiences. We rely heavily on the expertise of our doctors and medical personnel to make certain that the welfare of mother and child are cared for appropriately. When a physician commits malpractice and causes a devastating and catastrophic injury to the infant, that physician must be held accountable. A lawsuit is the only recourse to attempt to recover for the pain and suffering, costs of extensive medical care and economic loss to come.

The Jacob Fuchsberg Law Firm, LLP has obtained millions of dollars on behalf of catastrophically injured infants as a result of the negligence of obstetricians.

Representative Case: Partner Leslie D. Kelmachter obtained a $2.6 million settlement following ten weeks of trial for failed prenatal and obstetrical care.

Please contact our law firm for representation if you and/or your infant suffered due to negligence during childbirth.

We have litigated a tremendous number of claims successfully including the following critical obstetrical issues:

• Complications resulting from a Vaginal Birth After C-section (VBAC)
• Failure to timely perform a cesarean section in light of a non-reassuring fetal heart rate and/or fetal distress
• Failure to recognize and respond to umbilical cord entrapment
• Failure to appropriately perform various obstetrical maneuvers to extricate an infant’s shoulder which had been impacted during delivery
• Failure to determine that the fetus was macrosomic (weight over 4500 grams) and perform a mandatory C-Section
• Failure to recognize the need for the newborn’s care in a neonatal intensive care unit
• Failure to timely respond to fetal distress
• Failure to respond to low APGAR scores with appropriate neonatal care, including intubation and resuscitation
• Improper treatment of hemorrhages after the birth of the infant resulting in the mother bleeding out, a condition known as (DIC) Disseminated Intravascular Coagulation, and causing her death
• Improper use of forceps or vacuum extractor potentially causing a stroke to the infant or other injury
• Improper use of labor-augmenting hormones such as pitocin creating a hostile uterine environment and injury