Birth Defect Lawyers - New York, NY Attorneys: Oshman & Mirisola

Birth Injury Litigation, Brachial Plexus Palsy, Cerebral Palsy, Erbs Palsy

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 birth injury law firms in the country. Despite the growth since our early days, Oshman & Mirisola, LLP continues to provide representation to clients consistent with it's original guiding principles.

Did You Know? Statistics show that approximately 27 out of every 1,000 births involve some sort of birth related injury, with cerebral palsy as one of the most common.

Although most women give birth in a hospital surrounded by medical professionals, a birth injury can happen at almost any point during labor and delivery. These injuries are most often the result of medical negligence or error. 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

Birth Injuries May Include:
Birth Injuries; Brachial Plexus Palsy; Cerebral Palsy; Erb’s Palsy; Surgical Errors

We provide the highest level of legal expertise for New York medical malpractice cases including birth injuries such as cerebral palsy.

Oshman & Mirisola, LLP has represented thousands of clients throughout the region with many recoveries equaling or exceeding $1 million. Their excellence is exemplified not only in the results they obtain for clients, but through court appointment in complex plaintiff case management committees, radio appearances, newspaper articles, bar association membership, speaking engagements and philanthropic organizations. Contact Us Today!

Birth Injury Questions & Answers

1. What are the most common types of birth injury?

• Cerebral Palsy
• Erb's Palsy/brachial plexus injuries
• Shoulder dystocia
• Brain injury caused by improper use of vacuum extractors
• Untreated jaundice

2. What is Brachial Plexus Palsy?

Brachial Plexus Palsy, also known as Erb’s Palsy, is a condition that affects the nerves that control the muscles in the arm and hand. The brachial plexus, a group of nerves, is located on the right and left side of your neck, between the neck and shoulder area and runs from the spinal cord through the arm to the wrist and hand. Damage to these nerves occurs when a baby's shoulders become impacted at birth, stretching or tearing the brachial plexus.

3. I signed a medical consent form. Have I waived all my rights?

No. A consent form does not give the health care provider a license to commit malpractice. While the execution of a typical consent form indicates acknowledgement of stated risks and complications associated with a given treatment or procedure, it does not relieve the health care provider from his or her duty of meeting the standard of care associated with such treatment.

4. What should I do if I suspect medical negligence caused my child’s birth injury?

As soon as you suspect that negligence may be the cause of the birth injury in your baby, you should contact an experienced Oshman & Mirisola, LLP birth injury attorney. It is necessary to gather facts and evidence early.

5. Is there statute of limitations for birth injury cases?

Most claims must be filed within a certain amount of time of the injury. In New York, the statute of limitations for a personal injury is three years. It is imperative that these statutes are observed because once they expire, cases may be barred forever. To discuss your case, contact Oshman & Mirisola, LLP.

6. Should I hire a lawyer to help with a birth injury claim?
Yes. An Oshman & Mirisola, LLP attorney will be able to assess your case in the first meeting and advise you of your rights and options for litigating the case. Contact us today.
 

Additional Information: Accidents, Personal Injury, Pharmaceutical Litigation, Medical Malpractice

For more information, please contact Oshman & Mirisola or Consultwebs.com, Inc.

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