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Bone Fractures, Birth Trauma

infant bone fracture in caseIf you suspect that your child suffered bone fractures resulting from medical malpractice, the New York birth injury attorneys of Edelman, Krasin & Jaye may be able to help you recover damages in a court of law. Legal compensation can alleviate the financial repercussions associated with prolonged medical treatment, lost income, and diminished earning capacity while your little one heals from his or her injuries.

Sadly, not all birth injuries are preventable, as high risk pregnancies and complications during labor can lead to physical harm for both mother and child. Statistics show that some seven out of every 1,000 births are affected by some kind of birth trauma, with bone fractures among the most common. In some instances, fetal bone injuries may be unavoidable during the course of labor, but if birth injury malpractice is suspected, parents are urged to explore their legal options for filing a medical malpractice lawsuit in New York.

Causes and types of bone fractures during birth

A newborn’s bone fractures may be attributed to a number of different factors. On the whole, larger babies (weighing 8.5 pounds or more) are at greater risk for suffering a bone fracture compared to infants of normal weight. Other circumstances that might lead to a bone injury include breech presentation (feet first), a Cesarean section delivery, and a vaginal delivery assisted by forceps or vacuum suction.

In some cases, the baby’s shoulders become lodged under the mother’s pelvic bone during delivery – a condition known as shoulder dystocia. When doctors apply excessive pressure or use too much force to the baby’s delicate skeletal system in their extraction attempts, fractures can and do occur. Along with bone fractures, mishandled cases of shoulder dystocia often result in brachial plexus injury, causing nerve damage that may be permanent.

The majority of fetal fractures involve the baby’s collarbone, or clavicle – particularly when the child is delivered feet first. The collarbone connects the shoulder and chest, and though it heals rapidly, can cause pain and limited movement.

Studies indicate that the most common bone fractures during birth are:

  • Clavicle fractures
  • Humerus fractures
  • Femur fractures
  • Skull fractures

In the aftermath of an unanticipated injury to a newborn, parents often feel as if they’re left in the dark. Was their baby’s harm caused by negligent or inexperienced medical staff? Or was it an unavoidable tragedy that just happened. At Edelman, Krasin & Jaye, our compassionate lawyers will determine if filing a lawsuit is warranted, and answer all your questions regarding legal liability for birth injuries in New York.

Symptoms and treatment for bone fractures

The presence of bone fractures are generally detected through clinical examination that finds decreased motion, swelling at the fracture site, and pain associated with mild movement of the limb. A definitive diagnosis can be made with several X-rays. At times, fractures are immediately evident at birth, as is the case with a clavicle fracture. The baby usually presents with apparent paralysis of the neck and shoulder, and may show muscle spasms or uneven bone at the site.

To treat a collarbone fracture, the affected arm is usually immobilized and the bone heals by itself within seven to 10 days. Fractures of the arms or legs can take significantly longer to heal (up to four months in total) and require splinting for about 2 weeks. Due to the high rate of associated brachial plexus injuries in long bone fractures, detailed follow-up care should encompass a thorough neurological examination.

Depending on the type and location of fracture, a child may require many months of medical treatment, and may also need physical therapy in the future. Hospital bills may accumulate over time, leaving parents under tremendous financial and emotional strain.

Edelman, Krasin & Jaye attorneys believe that health care providers who, through negligence, miscommunication, fatigue, or improper training, caused a child’s injury should be held responsible for their actions. Our legal team is exceptionally skilled in pursuing medical malpractice claims arising from delivery room errors, and you can count on us to help you secure the financial compensation to which you are entitled.

How NY birth injury lawyers can help you

As one of the most respected medical malpractice firms in New York, EKJ Law offers our clients the best chances of financial recovery, should negligence be the overriding factor in your child’s bone fracture injuries. To establish liability, we rely on an accomplished network of health care specialists and consultants, birth injury attorneys, paralegals, and other experienced support staff.

If you have a viable claim for damages, our attorneys will gather key evidence, retain expert witnesses and build a compelling case that we are prepared to argue before a jury.

Damages sought in a birth injury lawsuit will generally account for the following economic and non-economic losses:

  • Medical costs – past, present and future
  • Rehabilitation expenses
  • Lost income
  • Diminished earning capacity
  • Emotional distress
  • Pain and suffering

Every year, plaintiffs recover millions of dollars in birth injury settlements or court awards in New York state and federal courts.

Some noteworthy NY birth injury cases include:

  • $25 million verdict – A medical malpractice claim filed against New York Methodist Hospital ended in a $25 million award for the Brooklyn plaintiffs after jurors found the hospital was negligent for discharging a jaundiced infant without prior examination. The child now suffers from permanent brain damage.
  • $130 million court award – Orange Regional Medical Center was ordered to pay a Long Island family $130 million, for malpractice that left the child with brachial plexus injuries and unable to walk.

Dedicated representation in NY birth injury claims

If your baby suffered bone fractures during labor and delivery, and you suspect those injuries were entirely preventable, please contact Edelman, Krasin & Jaye. Our New York medical malpractice lawyers offer a free initial consultation to discuss your case and explain your legal options. Strict time limits are imposed on birth injury lawsuits in NY, so don’t delay. Call us toll-free at 1-800-469-7429.

  1. US National Library of Medicine, Bone injuries during delivery, http://www.ncbi.nlm.nih.gov/pubmed/8002070
  2. Journal of Clinical Neonatology, Bilateral Humerus Fracture Following Birth Trauma, http://www.ncbi.nlm.nih.gov/pmc/articles/PMC3761991/
  3. Pediatricconsultants360, Humerus Fracture Secondary to Shoulder Dystocia, http://www.pediatricsconsultant360.com/content/humerus-fracture-secondary-shoulder-dystocia
  4. Stanford Children’s Health, Birth injury, http://www.stanfordchildrens.org/en/topic/default?id=birth-injury-90-P02340