A Buffalo family recently faced a heartbreaking battle with their insurance company after their newborn son experienced severe medical complications shortly after birth. The infant was born on September 11, 2024, and suffered a stroke on the left side of his brain, leading to seizures and a diagnosis of medication-resistant epilepsy. His condition required specialized surgical intervention that his insurance company initially denied.
The baby's epileptologist recommended a hemispherectomy, a complex surgical procedure that disconnects the left hemisphere of the brain from the right to eliminate seizures. After the family's insurance company, Independent Health, initially denied coverage for the surgery in Pittsburgh, the New York State Department of Health intervened on Friday, urging the insurer to reverse their decision. The insurance company subsequently overturned its denial, and the infant is now scheduled for surgery on August 20. You can read more about this case here.
Common Causes of Birth Injuries and Medical Complications
Birth injuries and serious medical complications during delivery can occur for various reasons. Understanding these causes can help families recognize when medical negligence may have played a role:
- Oxygen deprivation (hypoxia) during labor and delivery
- Improper use of delivery instruments like forceps or vacuum extractors
- Failure to monitor fetal distress or respond appropriately to warning signs
- Delayed cesarean section when medically indicated
- Medication errors during labor or delivery
- Infections that go undetected or untreated
- Failure to diagnose and treat maternal conditions like preeclampsia
- Inadequate prenatal care or missed diagnoses during pregnancy
When medical professionals fail to provide the standard of care expected during pregnancy, labor, or delivery, families may be entitled to seek legal compensation for the resulting injuries and ongoing medical needs.
Birth Injury and Medical Malpractice Claims in Buffalo, NY
Birth injuries that result in lifelong disabilities like cerebral palsy, seizure disorders, or developmental delays can lead to significant medical malpractice claims in New York. These cases often involve multiple potentially liable parties, including obstetricians, nurses, anesthesiologists, hospitals, and other healthcare providers who may have contributed to the injury through negligent care.
Families dealing with birth injuries may be entitled to compensation for extensive medical expenses, specialized therapies, adaptive equipment, lost wages from caring for their child, pain and suffering, and future care needs. In cases involving severe disabilities, compensation can help cover the lifetime costs of medical care, special education services, and support that these children require. However, every case is unique, and outcomes depend on the specific circumstances and evidence available.
Damages and Compensation in Birth Injury Cases
When pursuing a birth injury claim, families should understand the types of damages that may be available:
Economic Damages: These include quantifiable financial losses such as medical bills, ongoing therapy costs, specialized equipment, medications, and lost wages from parents who must care for their injured child. Future medical expenses and care costs are also considered.
Non-Economic Damages: These cover pain and suffering, emotional distress, loss of enjoyment of life, and the impact on family relationships. For children with permanent disabilities, these damages account for a lifetime of challenges.
Future Losses: Courts consider the long-term financial impact, including the cost of lifelong medical care, special education services, adaptive home modifications, and potential lost earning capacity.
Compensation serves multiple purposes: helping families afford necessary care, holding healthcare providers accountable for substandard care, and encouraging higher safety standards in medical practice. Successful outcomes in these cases require thorough investigation, expert medical testimony, and experienced legal representation. Evidence needed includes medical records, expert witness testimony, and documentation of all damages and future care requirements.
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Why Choose Porter Law Group?
The attorneys at Porter Law Group have extensive experience representing families whose lives have been forever changed by birth injuries and medical malpractice. We understand the devastating impact these injuries can have on families and are committed to fighting for the compensation needed to provide the best possible care for your child.
Our state-wide firm combines the resources and expertise of seasoned trial lawyers with the personalized attention of a hometown practice. We have successfully obtained significant settlements and verdicts in complex medical malpractice cases throughout New York State. Our team works tirelessly to hold healthcare providers accountable when their negligence causes preventable birth injuries.
We offer free consultations and work on a contingency fee basis, meaning you pay nothing unless we win your case. Our compassionate legal team understands the emotional and financial challenges your family faces, and we're here to guide you through every step of the legal process while you focus on caring for your child.
Contact Porter Law Group for Your Birth Injury Case
If your child suffered a birth injury due to medical negligence, don't wait to seek legal help. Birth injury cases have strict time limits, and early action is crucial for preserving evidence and building a strong case.
Our experienced medical malpractice attorneys serve clients across all of New York State and are ready to fight for the justice and compensation your family deserves. Reach out to us today to learn how we can help secure your child's future.
Call 833-PORTER9 or email us at info@porterlawteam.com to schedule your free consultation. Time may be limited for filing your claim, so reach out today to learn how we can help you through this difficult time.
