New York Birth Injury Attorney

Types of Birth Injuries

Birth injuries vary in severity and type. While many will correct themselves within the first month to a year after delivery, not all do. In serious cases, the baby can suffer permanent injuries, disabilities or even infant death.  

Many birth injuries result from the delivery itself as the baby makes its way down the birth canal. Other injuries occur when the treating physician fails to adequately assess or respond to complications during a woman’s pregnancy or delivery. 

We are prepared to handle any birth injury claim, including but not limited to the following: 

• Cerebral Palsy: Damage to the areas of the brain that control muscle function and movement; can be caused by a lack of oxygen during delivery. 
• Erb’s Palsy: Stretching or tearing of the nerves that control movement in the arms, hands, and fingers. 
• Fractures: The delicate bones of an infant’s body may fracture during a difficult birth. 
• Injuries to the mother: These include ruptured uterus, C-section complications, pelvic floor dysfunction, and perineal tears.   
• Forceps Injuries: Lacerations, bruising
• Subconjunctival Hemorrhage: Burst blood vessels in the baby’s eye that normally clear up
• Caput Succedaneum: Bruising or swelling of the baby’s scalp
• Cephalohematoma: Collection of blood under the baby’s periosteum, a tissue that covers the bones in the head
• Facial Paralysis: Caused by excessive pressure on the face during delivery

By bringing a birth injury lawsuit against the at-fault party, you can seek the compensation you need to pay for medical bills, pain and suffering, and other losses you and your child have suffered. The NYC birth injury lawyers at our firm are here to protect your rights. 

Identifying Medical Malpractice  

Birth injuries are not always the fault of a medical practitioner. Some births are difficult, and not even the most competent medical team could have prevented them. Other birth injuries, however, are the direct result of negligence on the part of an obstetrician, nurse, technician or other medical professional, including delayed diagnosis, medication errors and surgical errors. In these cases, a thorough and intensive investigation is required to determine the exact cause of the injury and identify the responsible party or parties. 

Statute of Limitations 

Birth injuries in New York have a modified statute of limitations. If the victim of medical malpractice is under age 18, they have ten years from the date they learn of an injury to file a lawsuit, up to two and a half years after turning 18. However, parents may choose to take action on their child’s behalf sooner than ten years after their child’s birth. 

What is Needed for a Successful Birth Injury Case  

To build a sound birth injury case, the plaintiff must prove the following: 

• What the appropriate standard of care should have been (the type of care and skills the average doctor provides in the same or similar circumstances). 
• That the doctor failed to adhere to the established standard of care. 
• The child suffered a birth injury due to medical negligence.  
• That the standard of care could have prevented the birth injury.  

The plaintiff must show that it is more likely than not that the birth injury occurred because of the doctor’s acts or omissions during the birth of the child. Failure on the plaintiff’s part to prove any of these elements will result in the plaintiff losing their case. 

Birth injury claims, like other medical malpractice cases, require strong evidence. We carefully examine delivery records, diagnostic tests, post-natal care treatment, eyewitness testimony and other relevant evidence. When appropriate, we draw upon leading experts in obstetrics and other fields who help us build compelling cases for our clients. 

Factors Influencing Compensation for Birth Injury Cases 

A birth injury can require a lifetime of expensive care, including medical treatment, special education, mobility assistance and adaptive equipment, to name a few. While every case is unique, compensation in a birth injury lawsuit will depend upon the severity and extent of the birth injury, the cost of past, current, and future medical treatments and the emotional and psychological impact on the family. Compensation could include the following:  

• Medical expenses  
• Pain and suffering 
• Emotional trauma
• Permanent disability 
• Lost Wages  

Our attorneys are here to help you pursue the financial resources you need to secure the best possible future for your child. 

Schedule a Free, No-Obligation Consultation  

Our attorneys genuinely care about you, your child, and the future of your family. We have represented victims of medical malpractice and negligence since 1971 and have recovered over $2 billion for our clients.  

To learn more about how we can help you, contact us as soon as possible and schedule a free, no-obligation consultation with a New York City birth injury attorney. Since we work on a contingency fee basis, you will not pay attorney’s fees unless we win your case.