Was It a Birth Injury or a Birth Defect? Understanding the Legal Line
Do you think that your child's condition is the result of a medical mistake? You planned, you prepared. You expected a safe delivery. But something went terribly wrong.
Your child was born with a serious condition. And, now you’re left wondering—was this something that happened during pregnancy? Or did it happen during labor?
And, most importantly, “was it preventable?”
This is a question not just you, but many families in Brooklyn face. And the answer can make a “big difference”, especially in a legal case.
If your child’s condition was caused by medical negligence, you may be able to take legal action. But first, you must understand the difference between birth injuries and birth defects. These two are “not” the same.
This difference is exactly what an experienced birth injury lawyer in Brooklyn, NYC can help you figure out.
Let’s make it easy for you.
What Is a Birth Defect?
A birth defect happens before birth, usually during pregnancy. It’s often caused by genetic factors, medications, infections, or unknown reasons. Sometimes, there’s nothing anyone can do to prevent it.
Conditions like:
Cleft lip or palate
Down syndrome
Heart problems at birth
These are examples of birth defects. In most cases, no one is at fault.
But sometimes, doctors may miss warning signs during pregnancy. Maybe they fail to diagnose a serious condition. Or, they don’t run the right tests. If that happens, you should speak to a personal injury attorney NYC to see whether something can be done.
Now, What Is a Birth Injury?
Birth injuries happen during labor or delivery. They are often caused by medical mistakes.
Here’s what that might look like:
The baby loses oxygen because of a delay.
A doctor uses forceps incorrectly and damages nerves.
The team doesn’t monitor fetal distress in time.
These injuries can lead to serious and lifelong issues like cerebral palsy, brain damage, or nerve injuries.
Unlike birth defects, these injuries are often preventable. That’s why families often look for a Brooklyn birth injury lawyer or a brain injury lawyer in NYC for help.
Why the Difference Matters in a Legal Case
You can’t sue for a genetic condition. But you can take legal action if your baby’s injury was caused by negligence.
A lawyer will need to show:
The doctor or hospital made a mistake.
That mistake caused harm to your child.
Your family is now suffering because of it.
This is why you need a lawyer who knows what to look for. Someone who understands Brooklyn hospitals and New York’s legal system.
A skilled NYC hospital negligence attorney will investigate further. They’ll study medical records. Even talk to expert doctors. Build a case that tells your child’s full story.
Pursuing Justice and Compensation
In case your child was harmed as a result of a birth injury, you should take action quickly. What can you do? You can consult a Brooklyn personal injury lawyer to determine the validity of your case. They will navigate the legal process and help you get compensation for your child's future needs.
Okay, one thing to keep in mind is that every case is different, and taking fast action is the key. Why? Because New York has certain time limits.
You Don't Have to Go Through This Alone
When a child is injured at birth, it impacts the entire family. You might be facing therapy bills, medical equipment, or lost wages.
But the law lets you fight back.
A skilled Brooklyn personal injury attorney can assist you in seeking justice. It includes compensation to pay for medical treatment, pain and suffering, your child's future expenses, etc.
Final Thoughts
Each case is unique. Each child is unique. But one thing remains the same: You deserve answers and support.
At Braude Injury Lawyers, we assist families in locating experienced birth injury lawyers who will advocate for the compensation they deserve. There are no secret fees. Our mission is straightforward: to connect you with a lawyer who fully comprehends cases like yours.
Visit our website to get in touch with a reliable attorney who can assist you in taking action. Or call us today, we're here to help you through the entire process.
From Slip-and-Falls to Car Accidents: 5 Common Causes of Brain Injuries & Legal Options
Imagine this: You're walking through a grocery store, checking here and here to visit the next store, when suddenly, your foot slides on an unnoticed puddle. Before you can react, you hit the cold, hard floor and feel an absorbing impact. At first, you may feel fine, just a little dizzy, but in the following days, symptoms like headaches, confusion, and nausea begin to set in. What seemed like a minor fall could now be a serious traumatic brain injury (TBI). Though you walk away from this insignificant accident, the long-term effects could be life-altering.
Brain injuries, often overlooked at first, can have devastating consequences, from memory loss and cognitive impairment to permanent paralysis. Whether caused by a slip-and-fall, a car crash, or medical malpractice, these injuries demand immediate medical attention and a brain injury lawyer’s assistance.
In this article, we’ll explore the most common causes of brain injuries and the legal avenues available for victims to seek justice and compensation.
Slip-and-Fall Accidents: A Leading Cause of Brain Injury
Slip-and-fall accidents are one of the top contributors to traumatic brain injuries, particularly among older adults and workers who spend hours in hazardous environments. These incidents often occur due to slippery surfaces, uneven sidewalks, poor lighting, or cluttered walkways. Here, property owners have a legal responsibility to maintain safe premises. Their negligence can lead to serious injuries. Consulting a brain injury lawyer from a reputed firm in NYC can help recover damages for medical bills, rehabilitation, and pain and suffering.
Workplace Accidents: High-Risk Jobs and Employer Liability
Brain injuries are prevalent in high-risk professions such as construction, manufacturing, and warehousing. Workers face dangers from falling objects, unsafe scaffolding, or equipment malfunctions. In many cases, the employer can prevent these injuries with proper safety protocols and protective gear. Still, when they fail to do so, injured workers may be entitled to workers’ compensation. However, in cases where third-party negligence (such as faulty equipment manufacturers) is involved, additional legal claims may be pursued. Seeking guidance from an experienced attorney ensures that all potential sources of compensation are explored.
Medical Malpractice: Brain Injuries Caused by Negligence
Medical errors can lead to catastrophic brain injuries, particularly during childbirth. Some of the common incidents are oxygen deprivation, improper use of forceps, or failure to monitor fetal distress, which can result in permanent brain damage for newborns. Parents facing such distressing situations should seek legal representation from a reputed birth injury lawyer in Brooklyn to hold negligent medical professionals accountable. Similarly, brain injuries in adults can result from certain surgical mistakes, anesthesia errors, or misdiagnosed strokes. These cases might be rare, but a thorough legal strategy is necessary to prove malpractice and secure rightful compensation for the victims.
Sports Injuries: The Long-Term Impact of Repeated Head Trauma
Sports are fun, but footballers, boxers, and hockey players are at risk of chronic traumatic encephalopathy (CTE) and other long-term brain injuries. Even young players in school sports can suffer life-altering brain injury due to inadequate safety measures. Thus, it is the duty of the coach and school authority to implement proper protocols, or else they can be held responsible. Here, parents of the injured player experiencing long-term cognitive issues should consult a lawyer expert in brain injury cases to determine if they are eligible to file a lawsuit.
Car Accidents and Brain Injuries: The Silent Epidemic
Car accidents are a major cause of brain injuries, even in low-speed collisions. The violent force can cause concussions, brain bleeding, or skull fractures. Some injuries may not even show immediate symptoms, leading victims to neglect the severity of their condition. However, a professional brain injury lawyer in NYC can help accident victims pursue claims against negligent drivers, ensuring they receive compensation for lost wages, ongoing medical care, and emotional trauma.
Wrongful Death and Brain Injuries: Take a Step Ahead to Seek Justice for Loved Ones
Tragically, some brain injuries result in fatal complications. Families who have lost a loved one due to negligence, whether from a preventable medical error, a reckless driver, or an unsafe workplace, may have the right to file a wrongful death lawsuit. Compensation can cover funeral expenses, loss of income, and emotional distress. In such cases, legal representation is crucial to building a strong case and securing justice for the deceased.
Why Choose Braude Injury Lawyers?
If you or your loved one has suffered a brain injury due to someone else’s negligence, you deserve justice. At Braude Injury Lawyers, we specialize in personal injury and medical malpractice cases, ensuring our clients receive the compensation they need to rebuild their lives. Our experienced team fights for victims of slip-and-falls, car accidents, workplace injuries, and medical malpractice, helping them navigate complex legal processes with confidence.
Need more information? Dial 888-888-6470 or 718-871-4311, or contact us online now!