Articles Posted in Westchester County

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A new fund was recently set up in the 2011-2012 New York State Medical Budget which will have the state, not hospitals, cover all medical costs for families with children suffering from brain injuries that follow birth complications caused by medical error.

According to a person in the know, New York’s newly established neurological fund will cover medical costs for children who have suffered brain or spinal cord injuries “caused by the deprivation of oxygen or mechanical injury in the course of labor, delivery or resuscitation – or by other medical services provided or not provided during delivery.”

New York is slated to contribute $30 million to the fund in its first year and increasing that contribution to $70 million in its second and third years. By its fourth year, the state will be contributing $100 million annually to the fund.

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NYC Birth Injury Lawyers discussed a recent study that uncovered possible risks to pregnant women when they take opioid painkillers, which is found in codeine and oxycodone.

“It seems there is a small risk for birth defects associated with these pain medications,” a doctor said. “It looks like only certain birth defects were a common factor in the study.”

Statistics say that approximately 3 percent of U.S. babies are born with a malformation, including cleft palate, heart defects and spina bifida. Brain Injury is something that all doctors and hospitals in Staten Island and Westchester County are aware of.

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NY Birth Injury Lawyers have been examining the work of a non-profit’s group to pass what they call the “Kids-safe Chemical Act,” which hopes to be a major upgrade to the original Toxic Substances Control Act of 1976.

“Basically this group says there is a strong link between pollution and diseases in our population including lung cancer, infertility and birth defects,” said on NY Birth Injury Lawyer. “Current law does not force chemical companies to prove a chemical is safe before it ends up in children’s toys and products.”

He went on to explain that the Toxic Substances Control Act has not been amended since 1976 and has been recently called the weakest of all major environmental laws on the books today.

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Medical mistakes are the cause of many birth injuries, and a NY City Birth Injury Attorney has found that one of those potential medical mistakes is the failure to perform a C-section in a timely manner. Since the medical staff that is involved in the delivery of a baby has, the responsibility to monitor both the mother and child’s vital signs, they should be aware of both patients’ overall condition at all times. On those occasions when the medical staff fails in their assigned responsibilities, and the doctor should not begin a C-section when he should, the infant could suffer permanent damage. The same may hold true if the doctor does not perform a C-section when the conditions warrant the procedure.

A C-section is the common term for a Caesarean section, which is when the infant is removed through the mother’s abdomen instead of through the vaginal opening. This procedure is often performed when there are risks to either mother or the baby by vaginal delivery.

In order for a C-section to be performed properly, it must be performed within a certain time frame. A New York Birth Injury Attorney alleges that to be more specific, once the doctor makes the decision to perform a C-section, it should be done in less than 30 minutes. Late C-sections have resulted in permanent birth injuries to the infant, including cerebral palsy, erb’s palsy, and brain damage. Each of these carries long-term consequences to the child and the family.

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