New York Birth Injury Attorney

What is a Birth Injury? 

The National Vital Statistics Report defines birth injury as “an impairment of a [baby’s] body function or structure due to an adverse event that occurred at birth.” It refers to physical harm or trauma that occurs to a newborn during labor or delivery. These injuries can result from complications during childbirth, medical negligence, or improper use of medical tools and may range from minor, temporary conditions to severe, life-altering disabilities. 

A birth injury is not synonymous with a birth defect. The former usually happens during delivery. Had the doctor adhered to an accepted standard of care, it is unlikely the birth injury would have occurred. The latter generally involves a genetic issue or exposure to environmental toxins.  A New York birth injury attorney can review your child’s case and determine if a birth injury took place and what its causes might have been. 

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. 

Possible Effects of a Birth Injury on Your Child’s Life 

A birth injury affects your child physically and psychologically with potential lifelong consequences. Traumatic births have been linked to autism spectrum disorders (ASD). ASDs can result in behavioral issues along with speech, communication, and social interaction difficulties. Even without an autism diagnosis, children dealing with the aftermath of birth injuries are more prone to conditions such as hyperactivity, attention deficit disorder, or other learning disabilities.  

While early intervention can make a huge difference in allowing your child to develop to their full potential, the programs are rigorous, time-consuming, and labor-intensive.  

Such programs may require: 

• Speech therapy 
• Physical therapy 
• Services for the hearing impaired 
• Training of the entire family 

Birth injuries generally mean that the mother and newborn are separated for a prolonged period immediately after the infant’s birth. This separation has been linked to neurodevelopmental disorders.  

Birth injuries may also affect a child’s mobility, leading to life in a wheelchair or the need for crutches or other aids. A New York medical malpractice lawyer can negotiate with insurance companies to recover the compensation you need to cover these costs. 

Financial Impacts 

A birth injury also impacts your family financially. According to a report published in 2003 by the Centers for Disease Control and Prevention (CDC), the “average lifetime costs per person were estimated at $921,000 for persons with cerebral palsy.” Your child may need special equipment, ongoing care and support, and other long-term costs. Children with cerebral palsy or other disorders may often require home modifications, such as ramps or widening doorways to accommodate a wheelchair. In some cases, a parent may have to stop working to provide care for their child.    

What Caused My Child’s Birth Injury?   

Birth injuries can result from various factors, some of which are unavoidable due to the complexities of labor and delivery. However, many birth injuries are caused by medical negligence or failure to provide the appropriate standard of care.  

How Negligence Can Cause a Birth Injury  

A birth injury attorney in New York City must prove that the healthcare provider’s negligence led to the injury or death of an infant child. While every case is unique, some of the most common acts of negligence include:  

• Failure to monitor the fetus: Vital signs from the fetus provide valuable information regarding their heart rate and the presence of fetal distress. Failure to use fetal monitoring instruments and correctly interpret the data can result in injuries that could have been prevented.  

• Failure to recognize a high-risk pregnancy: Conditions such as preeclampsia, gestational diabetes, or advanced maternal age require special care, and neglecting these risks can result in harm to both mother and baby during delivery. 

• Misuse of Medical Instruments: Forceps, vacuum extractors, and other instruments used during childbirth must be used with utmost care. The misuse of these tools can inflict permanent damage on an infant.  

• Delayed C-section: A C-section can prevent a breech, transverse birth, umbilical cord problems, and other complications. Failure to order a C-section in a timely manner can place the child and mother at risk.  

• Mismanagement of Shoulder Dystocia: Improper handling of shoulder dystocia, where the baby’s shoulder gets stuck behind the mother’s pelvic bone during delivery, can lead to nerve damage and medical conditions such as Erb’s palsy.  

Other types of negligence contribute to birth injuries, including untreated infections, medication and anesthesia errors, and mistakes in prenatal care, among others. After thoroughly reviewing your case, we can obtain medical documentation and other evidence to determine liability in birth injury cases.  

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. 

What Type of Evidence Will I Need in a Birth Injury Case? 

In a birth injury case, the goal is to demonstrate that the injury resulted from medical negligence or malpractice. To build a strong case, our team will compile the necessary evidence to establish liability, causation, and damages. Here’s a breakdown of the key types of evidence commonly required: 

Medical Records

• Prenatal Records: Include information about the pregnancy, prenatal care, ultrasounds, and any complications identified before birth. 
• Labor and Delivery Records: Document the entire birthing process, including fetal monitoring strips, the actions of healthcare providers, and any medications administered. 
• Postnatal Records: Show the infant’s condition immediately after birth, any immediate care required, and follow-up care. 

Expert Testimony

• Medical Experts: Typically, an obstetrician, neonatologist, or pediatric neurologist who can testify about the standard of care and how it was breached. 
• Economic Experts: Can provide evidence about future costs associated with the injury, including medical care, therapy, and lost earning potential. 
• Life Care Planners: These experts assess the long-term needs of the child, including medical, educational, and care requirements. 

Witness Testimony

• Nurses, Doctors, and Staff: Testimonies from the healthcare providers involved in the delivery can provide context and details about what occurred. 
• Family Members: Testimonies about the care provided and any statements made by medical professionals during or after delivery. 

Fetal Monitoring Strips and Imaging

• Fetal Heart Monitoring Strips: These can show if there were signs of fetal distress that were ignored or not addressed adequately. 
• Ultrasounds and Imaging: Provide evidence of the baby’s condition before and after birth, highlighting any abnormalities or injuries. 

Photographs and Videos

• Images or videos of the baby’s condition immediately after birth and any visible injuries or procedures performed can be compelling evidence. 

Incident Reports or Internal Hospital Records

• Any documentation of complications, issues, or internal investigations conducted by the hospital can provide insight into what may have gone wrong. 

Proof of Damages

• Medical Bills: To quantify the immediate and future financial impact of the injury. 
• Therapy and Rehabilitation Costs: For ongoing and future treatment needs. 
• Loss of Income or Earning Potential: If the injury affects the child’s ability to work in the future. 

Comparative Evidence

• Evidence showing how the standard of care was breached by comparing it to accepted medical practices or guidelines during childbirth. 

Collecting this evidence requires careful coordination with legal and medical professionals to ensure it supports your claims effectively.  

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.

Birth injury 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. 

New York’s Birth Injury Indemnity Fund 

In 2011, the State of New York established an indemnity fund to provide financial assistance to children who suffered neurological injuries during childbirth. Many who have suffered such injuries have expensive medical and rehabilitative needs that may last a lifetime.  

When representing plaintiffs in birth injury claims, our medical malpractice lawyers explore all potential sources of compensation, including payments from the Medical Indemnity Fund, which was established by Chapter 59 of the 2011 Session Laws of the State of New York.  

We understand the impact of birth injuries and the fear and uncertainty experienced by families. We do everything in our power to make our clients financially whole. 

Our Birth Injury Settlements 

Parents whose children experience birth injuries sustain significant financial losses and endure emotional suffering and psychological distress. Our case results of birth injuries include the following: 

• $7,000,000 on behalf of an infant who suffered neurological damage due to a negligent delivery. 

• $2,100,000 on behalf of an infant who suffered brain damage due to a doctor’s failure to monitor. 

• $1,000,000 on behalf of a girl who developed Erb’s palsy due to an improperly handled birth. 

These are only a few cases our birth injury attorneys in New York City have successfully handled for families. While we can’t guarantee results, trust that we apply the same proven methods that have made us a leading New York law firm. A free case evaluation with our firm can be the first step in evaluating the soundness of your potential birth injury claim. 

Meet Our New York Birth Injury Attorneys 

Thomas P. Giuffra specializes in the litigation and trial of significant medical malpractice and personal injury actions. He earned his reputation as a trial lawyer early in his career when he obtained his first million-dollar verdict only four years after graduating from law school. In 2014, the New York Law Journal selected four of Tom’s verdicts for inclusion in its Malpractice Verdict & Settlements Hall of Fame.  

In 2016, the New York Law Journal selected six of his verdicts for inclusion in its Verdict Hall of Fame. In 2015 and 2016, the publication presented him with an award for obtaining one of the top 20 verdicts in New York. 

Edward A. Ruffo has obtained numerous medical damage awards, including a $12 million settlement for injuries sustained by a child at birth, a $12 million settlement for injuries sustained by an adult after surgery, and a $9 million settlement for injuries sustained by a child following poor emergency care.  

Mr. Ruffo has been regularly featured in the New York Jury Verdict Reporter for his recoveries on behalf of those lost or injured due to the negligence of others. Accordingly, he has been annually ranked as a Top 10 and Top 100 Trial Lawyer by numerous professional societies including The National Trial Lawyers Association and Super Lawyers. 

Our entire team of dedicated advocates has extensive experience representing victims of negligence in complex cases, including those involving medical malpractice. Our goal is to provide our clients with compassionate legal counsel in the office and aggressive and results-driven representation in the courtroom. This approach has helped us achieve a legacy of success. Trust that our team will work hard for justice in your birth injury lawsuit.  

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.