Statistics show that approximately 27 out of every 1,000 births involve some sort of birth related injury. The most common birth injuries are cerebral palsy, oxygen deprivation, mental retardation, Erb’s Palsy, Klumpke’s Palsy and Brachial Plexus injuries. The ability to file a medical malpractice claim when birth injuries are of a permanent nature provides the possibility for both the newborn and its family to recover monetary damages for:

    - Past and future medical expenses;
    - Past and future loss of earnings;
    - The cost of future care (i.e., aides, devices, counseling,
       physical therapy, tutoring)
    - Conscious pain and suffering
    - Loss of services

During the course of labor and delivery complications can occur which result in various health problems for a newborn. Collectively, these problems are referred to as birth trauma or birth injuries. Medical mistakes can occur prior to delivery, at the time of delivery or immediately after delivery. They include events the use of excessive force or improper rotational force in the delivery process, delaying the performing of a cesarean section (C-section) delivery during fetal distress, failure of a midwife to seek the assistance of an obstetrician, and improper intubation (insertion of a tube) of a newborn requiring oxygen which results in hypoxia (insufficient amounts of oxygen reaching body tissue).

A statute of limitations applies to birth injury medical malpractice claims, placing time limits on the amount of time families have to pursue a medical malpractice case. At Oshman & Mirisola, LLP, we are committed providing the best representation available, so contact us today about your birth injury case. Our clients are provided the time, attention and respect they deserve when entrusting their legal matters to us.

Oshman & Mirisola, LLP, originally founded over 35 years ago, was formed with the guiding principles of service to its clients and excellence in advocating their cases. Today, we have grown to become one of the preeminent law firms in Albertson, New York. Despite the growth since our early days, Oshman & Mirisola, LLP continues to provide representation to clients consistent with it's original guiding principles.

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