How to Know if a Birth Injury Was Caused By Negligence

What Is the Difference Between a Birth Injury and a Birth Defect?

A birth defect develops before birth, typically during the first trimester, and is generally caused by genetic factors, chromosomal abnormalities, or environmental exposures, not by negligence during delivery.

A birth injury, by contrast, occurs during labor or delivery, often as the result of complications, physical trauma, or medical error. When a birth injury results from a failure to meet the standard of care, it may support a birth negligence claim.

Possible Signs of a Birth Injury

Some birth injuries are apparent immediately, while others emerge as a child develops and begins missing milestones. Parents should be alert to both.

If your newborn shows any of the following, seek medical attention promptly and consider documenting everything you observe:

• Difficulty breathing or abnormal respiratory patterns
• Seizures or unusual jerking movements
• Abnormally low Apgar scores
• Limpness (hypotonia) or excessive stiffness (hypertonia)
• Weak or absent reflexes
• Difficulty feeding or swallowing
• High-pitched, abnormal crying
• Pale, blue, or discolored skin

As a child grows, parents should also watch for delays in motor, speech, and cognitive development, which can signal a neurological injury sustained at birth.

Signs of Potential Medical Negligence

Not every difficult birth involves negligence, but certain patterns can signal that the standard of care was not met, such as:

• Failure to perform a timely C-section – Delays when fetal distress is present can result in oxygen deprivation and permanent neurological harm.
• Inadequate fetal monitoring – Failure to properly interpret or respond to abnormal fetal heart rate readings is a recognized form of birth negligence.
• Improper use of assistive delivery tools – Forceps and vacuum extractors used incorrectly or with excessive force can cause skull fractures, nerve damage, and intracranial bleeding.
• Mismanagement of shoulder dystocia – Applying excessive force to the head or neck when a baby’s shoulder is lodged behind the pelvis can cause brachial plexus injuries, including Erb’s palsy.
• Medication errors – Improper administration of labor-inducing drugs can lead to excessive uterine contractions and fetal distress.
• Failure to diagnose maternal complications – Conditions such as preeclampsia and placental abruption require urgent intervention.
• Inadequate response to umbilical cord complications – A prolapsed or compressed umbilical cord can rapidly cut off oxygen to the baby.

None of these factors automatically proves negligence, but if something felt wrong during your delivery, trust that instinct.  It may be worth a professional opinion.

These are among the most difficult cases we handle, not because of their complexity, but because of what is at stake. A family has just welcomed a child into the world, and something has gone wrong. Our job is to give them clarity in an incredibly painful moment and to hold the responsible parties accountable when the evidence supports it. – Attorney Edward E. Ruffo

What Medical Mistakes Can Lead to a Birth Injury Claim?

Under New York law, a birth malpractice claim requires proof that a healthcare provider deviated from the accepted standard of care and that this deviation caused the child’s injury. Common mistakes at the root of these claims include:

• Failure to monitor fetal distress
• Misuse of delivery instruments
• Failure to screen for maternal infections
• Medication dosing errors

Steps to Take If You Suspect Birth Injury Malpractice

If you believe your child’s injury may have been preventable, taking the right steps early can make a significant difference. Here is where to start.

Request All Medical Records

Begin by obtaining all prenatal records, labor and delivery notes, fetal monitoring strips, and neonatal records. Under New York Public Health Law § 18, patients and their authorized representatives have the right to access these documents.

Consult the Experts

Birth injury cases require testimony from qualified medical experts. Under New York CPLR § 3012-a, a certificate of merit signed by a licensed physician is required to initiate a medical malpractice action.

Know Your Deadlines

In New York, medical malpractice claims generally must be filed within two and a half years of the negligent act, but for birth injuries, the clock doesn’t start until the child turns 18. Given these complexities, consulting a birth injury lawyer early is advisable to clarify your timeline.

How Do You Prove a Birth Injury?

To prove a birth injury claim, four things must be shown:

1. Your provider had a duty to care for you and your baby
2. They fell short of the accepted medical standard
3. Their failure directly caused your child’s injury
4. Your family suffered real damages as a result

Of these, proving causation is often the hardest part. It typically requires testimony from medical experts, a close review of fetal monitoring data, and, in more complex cases, a life care plan that captures the full scope of your child’s long-term needs.

Rheingold Giuffra Ruffo Plotkin & Hellman LLP attorneys review your records, consult with medical experts, and conduct a thorough investigation to determine whether you have a valid claim, at no cost to you.