Cephalohematoma

Cephalohematoma is a birth injury that happens when blood vessels rupture between a newborn's skull and the membrane covering it. This causes blood to pool and form a bumpy collection on the baby's head. While many cephalohematomas often heal on their own, they can sometimes lead to complications like jaundice, anemia, and infections. If your baby developed a cephalohematoma due to medical negligence during delivery, the experienced New York birth injury attorneys at The Porter Law Group are here to help.

Newborn Cephalohematoma Lawyers in New York

If you suspect that improper use of forceps or vacuum extractors, excessive force during delivery, or failure to recommend a C-section for a large baby led to your infant's cephalohematoma, contact The Porter Law Group right away. Our knowledgeable birth injury lawyers have extensive experience advocating for families affected by injuries sustained by infants because of medical negligence and malpractice. 

We will thoroughly investigate your case, consult with medical experts, and fight tirelessly to hold negligent providers accountable. Call us at 833-PORTER9 or email info@porterlawteam.com to discuss your legal options in a free, no-obligation consultation.

Common Causes of Newborn Cephalohematoma

Cephalohematomas most often occur during difficult, prolonged vaginal deliveries, especially when instruments like forceps or vacuum extractors are used. These tools apply intense pressure on the baby's head, which can rupture delicate blood vessels. Other risk factors include:

• Large baby size (over 8 pounds 13 ounces)   
• Abnormal fetal position
• Maternal pelvic structure issues
• Epidural pain relief 
• Multiple births (twins, triplets, etc) 

Medical mistakes like improper forceps placement, twisting of the baby's head during vacuum extraction, or failure to recommend a C-section when it is necessary can greatly increase the chances of a newborn developing a cephalohematoma and suffering serious complications.

Complications of Untreated Cephalohematoma

While many cephalohematomas resolve on their own within a few months, some can lead to dangerous complications if not properly monitored, especially if there is also a skull fracture present. Complications may include:

• Jaundice from excessive bilirubin as the body breaks down pooled blood
• Anemia due to blood loss
• Infections in the pooled blood like meningitis or osteomyelitis  
• Hardening of the hematoma from calcium deposits
• Skull deformities

Severe cases of jaundice can lead to long-term issues such as brain damage, hearing loss, and cerebral palsy if not promptly treated. Babies with cephalohematomas need close monitoring for signs of complications. Attempting to drain the hematoma can introduce bacteria and cause serious infection. 

When a cephalohematoma is caused by improper delivery techniques or when providers fail to diagnose or manage the condition correctly, it may be considered medical malpractice. If your newborn suffered any of the above injuries from a cephalohematoma due to the doctor’s or hospital staff’s negligence, contact the experienced birth injury lawyers at the Porter Law Group for immediate assistance. 

Proving Negligence in Newborn Cephalohematoma Cases

Birth injury lawsuits involving cephalohematomas fall under medical malpractice law. To file a claim, you must prove:

1) A doctor-patient relationship existed.

2) The doctor was negligent or failed to act with the expected standard of care.

3) This negligence or deviation from the expected standards of care directly caused the cephalohematoma and related complications.

4) Your baby suffered harm as a result.

Examples of negligence include:

• Using excessive force with delivery instruments
• Improperly placing forceps
• Twisting the baby's head during vacuum extraction
• Failing to recommend a C-section for a large baby, or multiple gestation, unnecessarily prolonging labor. 

In birth injury cases, and medical malpractice cases in general, you will need the testimony of a medical expert who can attest to the occurrence of medical negligence, or that if a reasonable degree of care was practiced, harm could have been avoided. 

Recovering Damages in a Cephalohematoma Case 

If your child suffered a cephalohematoma due to a doctor’s negligence, the experienced birth injury lawyers at the Porter Law Group may be able to help you recover compensation for the following: 

• Medical expenses
• Cost of ongoing and long-term care 
• Mobility aids and therapy for permanent disabilities 
• Pain and suffering 
• Diminished quality of life and loss of opportunities
• Wrongful death

Physical and cognitive injuries from birth can exponentially increase the cost of raising and caring for a child. You will need the most amount of compensation you can get to be able to adequately care for your injured loved one. The Porter Law Group is no stranger to birth injuries caused by medical malpractice and is here to guide you through your legal options. 

Our experienced birth injury lawyers have recovered millions of dollars* for victims of medical malpractice across New York and throughout New York State. We also work with board-certified medical experts who can review your child’s medical records and tests, and testify of the presence of medical malpractice in court. 

We understand the painful reality of birth injuries and their long-term consequences, and we are here to help you get the full and fair compensation you need to take care of your child. We can handle everything from the investigation, evidence gathering, negotiations, and preparations for trial, while you focus on taking care of your child. 

We can also arrange a structured settlement, which gives you the option to receive your financial compensation at predetermined periods tax-free. This will ensure that no matter what happens, resources will be available for your child’s needs. 

Frequently Asked Questions About Birth Injuries

Q: How do I know if my child's birth injury was caused by medical malpractice?

A: Not all birth injuries are due to medical negligence. To determine if malpractice occurred, we must establish that healthcare providers failed to meet the standard of care expected in similar circumstances. Common signs include failure to monitor fetal distress, improper use of delivery instruments, delayed C-section decisions, or inadequate response to complications. The Porter Law Group works with medical experts to thoroughly review your case and determine if negligence occurred.

Q: How long do I have to file a birth injury lawsuit in New York?

A: In New York, the statute of limitations for medical malpractice cases involving birth injuries is generally two and a half years from the date of the alleged malpractice. However, for children, this timeframe may be extended until the child reaches age 10, or in some cases, until age 18. It's crucial to consult with an attorney as soon as possible to protect your rights and ensure all deadlines are met.

Q: What types of compensation can I recover in a birth injury case?

A: Families may be entitled to compensation for medical expenses (both current and future), therapy and rehabilitation costs, special equipment and modifications, pain and suffering, lost future earning capacity, and in cases involving wrongful death, funeral expenses and loss of companionship. The Porter Law Group will work to ensure you receive full compensation for all damages related to your child's injury.

Q: Do I need to prove that the doctor intended to harm my child?

A: No. Birth injury cases are based on negligence, not intentional harm. You only need to prove that the healthcare provider failed to meet the accepted standard of care and that this failure caused your child's injury. Medical malpractice occurs when doctors make mistakes or fail to act appropriately, even if they had good intentions.

Q: How much does it cost to hire a birth injury lawyer?

A: The Porter Law Group works on a contingency fee basis, which means you pay no attorney fees unless we win your case. We cover all upfront costs of investigation, expert witnesses, and litigation expenses. This ensures that financial concerns don't prevent you from seeking justice for your child.

Q: Can I still file a case if my child's condition wasn't diagnosed until months or years after birth?

A: Yes. Some birth injuries may not be apparent immediately after delivery. Conditions like cerebral palsy or developmental delays may not be diagnosed until later. In these cases, the statute of limitations may begin when the injury is discovered or should have been discovered through reasonable diligence. Each case is unique, so it's important to consult with an experienced attorney to understand your specific timeline.

Q: What if my child has a pre-existing condition or genetic disorder?

A: Even if your child has underlying health conditions, medical providers still have a duty to provide appropriate care during pregnancy and delivery. If negligent care worsened a pre-existing condition or caused additional injuries, you may still have a valid malpractice claim. Our medical experts can help determine whether the final outcome could have been prevented or improved with proper care.

Q: How long do birth injury cases typically take to resolve?

A: Birth injury cases can be complex and may take anywhere from several months to several years to resolve, depending on the complexity of the medical issues, the extent of injuries, and whether the case settles or goes to trial. The Porter Law Group will keep you informed throughout the process and work diligently to resolve your case as efficiently as possible while ensuring you receive maximum compensation.

Q: Will I have to go to court and testify?

A: While many birth injury cases settle out of court, some do proceed to trial. If your case goes to trial, you may need to testify about your experiences and your child's condition. However, our experienced attorneys will thoroughly prepare you for any testimony and guide you through the entire process. Most parents find that sharing their story helps others understand the impact of their child's injuries.

Q: What if the hospital or doctor's insurance company contacts me directly?

A: You should not speak with insurance representatives or sign any documents without first consulting with an attorney. Insurance companies often try to settle cases quickly for far less than they're worth. Contact the Porter Law Group immediately if you're approached by insurance representatives. We will handle all communications to protect your rights and ensure you receive fair compensation.

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Why Choose the Porter Law Group for your Birth Injury Case?

The lawyers at the Porter Law Group have decades of experience representing individuals and families whose lives have been devastated by catastrophic injuries. We have obtained some of the largest settlements and verdicts in courts throughout the State of New York. We are a state-wide firm that handles cases with a hometown feel.

Our clients come to us looking for guidance and answers. With seasoned trial lawyers, the Porter Law Group has the resources necessary to help you navigate the most complex cases, against goliath insurance companies that will stop at nothing to prevent you from receiving the compensation you deserve.  

You only get one chance to hire the best lawyer for you and your family.  Hire the lawyers most recommended by former clients and local attorneys, and the firm that obtains superior results. 

When you or a loved one’s life has been devastated by a serious personal injury in New York, don’t hire a lawyer without calling the Porter Law Group to learn why so many of our clients are thankful they trusted us with their case in their time of need.     

Contact Our New York Newborn Cephalohematoma Lawyers Today

The Porter Law Group is committed to helping families whose babies have suffered preventable birth injuries like cephalohematoma get the justice they deserve. If your child developed complications from a cephalohematoma caused by improper delivery techniques, inadequate fetal monitoring, or failures in post-delivery care, our skilled New York medical malpractice attorneys will fight for the compensation your child needs for treatment and supportive care. Schedule your free consultation today by calling 833-PORTER9 or emailing info@porterlawteam.com. Let us put our knowledge and resources to work for your family.