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New York Infant Brain Damage Attorney

Call Our Firm Today to Explore Your Legal Options

Many birth injuries are caused by a lack of oxygen during the birth process, causing brain damage. If your child has suffered brain damage due to medical negligence, then legal action may be necessary.  

At Rheingold Giuffra Ruffo Plotkin & Hellman LLP, our attorneys are staunch advocates for our clients, including vulnerable infants who have suffered serious—and possibly lifelong—consequences of medical negligence.  

With more than 150 years of combined experience and over $2 billion recovered, we are prepared to handle complex birth injury claims resulting in the diagnosis of cerebral palsy and other severe medical conditions. Schedule a free consultation today.  

Start exploring your options today. Call our New York infant brain damage lawyers at (212) 684-1880 or complete our contact form now.

Causes of Brain Damage in Infants 

Brain damage in infants is most commonly due to hypoxia-ischemia or lack of oxygen to the brain. A developing infant’s brain requires a constant flow of oxygen while in the womb and during childbirth. Any interruption of that flow can deprive the brain of oxygen and cause permanent damage. Seattle Children’s Hospital has identified some of the most common causes of hypoxia in infants, which include: 

  • The infant becomes lodged in the birth canal. 
  • The umbilical cord gets wrapped around the infant’s neck. 
  • An improperly formed or blocked airway. 
  • A lack of oxygen in the mother’s bloodstream. 
  • Infections affecting the mother or infant. 

A brief period of hypoxia may affect the infant temporarily, but prolonged oxygen deprivation can have lifelong effects. Early signs of brain damage in infants include difficulty breathing, discoloration, poor muscle tone, and seizures. In severe cases, a diagnosis of cerebral palsy, hypoxic-ischemic encephalopathy (HIE), or another serious and life-altering condition may ensue.  

These conditions must be closely monitored so that the child receives the necessary care and treatment. 

Was Negligence to Blame? 

In some births, infant brain damage is inevitable, and even the most competent delivery team could not have prevented it. However, in other cases, the cause of brain damage is directly related to negligence by obstetricians, nurses, midwives and other medical professionals, which can include the following: 

  • Failure to diagnose and treat fetal distress. 
  • Failure to treat maternal infections. 
  • Failure to perform a C-section when conditions call for it. 
  • Improper use of forceps or vacuum extraction during delivery. 
  • Failure to treat jaundice or meningitis. 
  • Failure to ensure that the baby has adequate oxygen supply. 

Our experienced New York birth injury attorneys can thoroughly investigate the facts and circumstances surrounding your child’s birth to determine if medical malpractice may have played a role. 

How Can a Birth Injury Claim Help? 

A diagnosis of cerebral palsy or other hypoxic brain injury in an infant will set their life on a different course from the one you had planned. While an active and fulfilling life may still lie ahead, your child may require extensive and ongoing medical treatment, mobility assistance, special education, assistive technology and medication. 

By bringing a birth injury lawsuit against a negligent medical provider or institution, you can pursue the compensation you need to pay for the treatments and special needs your child will require both now and in the future. A civil claim may also address parental lost wages, pain and suffering and other damages.  

Further, depending on the circumstances involved, the statute of limitations for medical malpractice cases is generally two and a half years from the date of the negligent act or omission, but there is a different tolling period. It extends ten years from the date of the alleged medical malpractice. However, it’s best to contact a lawyer as soon as possible to ensure that valuable evidence does not disappear. 

Providing Essential Resources During Challenging Times 

Our attorneys understand the hardships facing families contending with brain injuries during childbirth and the challenges involved with caring for that child. We are prepared to leverage our significant resources, including expert witnesses in hypoxia and obstetrics who help us build compelling cases for our clients. 

Our staff includes registered nurses who are well-versed in the medical issues that play into cases involving cerebral palsy as well as spastic diplegia, seizures, and other problems resulting from birth trauma and delivery complications.  

Our Case Results in Medical Malpractice 

The legal definition of medical malpractice is “an action or omission by a healthcare provider, which falls well below the acceptable standard of care that other healthcare providers would have given under the same circumstances, resulting in injury to the patient.”  

Here are some of our case results 

  • $12,000,000 for brain injury after surgery. 
  • $7,000,000 for negligent birth delivery. 
  • $9,000,000 after structured settlement for a child with a hand injury after an improperly treated fracture. 
  • $5,000,000 for a child with neurological impairment after an undiagnosed viral illness. 
  • $3,500,000 for failure to diagnose and treat post-operative bleeding. 

We can help you fight to hold negligent medical providers accountable and seek the fair recovery you are owed. 

Schedule a Free Consultation  

At Rheingold Giuffra Ruffo Plotkin & Hellman LLP, we have recovered over $2 billion for our clients because we fight tirelessly to deliver results and are not afraid to go to trial. We are recognized leaders in medical malpractice with over 50 years of experience.  

Our goal is to provide our clients with compassionate legal counsel in the office and aggressive, results-driven representation in the courtroom. If you suspect that medical negligence is to blame for your child’s brain damage, please contact us for a free consultation. Our compassionate team can assess your case and advise on the best options going forward.  

Our firm is ready to stand with you. Contact us today to request an initial case evaluation