Birth Injury Cases in New York | Birth Injury Lawyers
Helping Families Affected by Birth Injuries in New York
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At our law firm, we recognize that a birth injury can shatter the joy of welcoming a new child, replacing it with fear, uncertainty, and unexpected challenges. According to the National Institutes of Health (NIH), birth injuries occur in approximately 6 to 8 out of every 1,000 live births in the United States, with many linked to preventable medical errors.
When negligence during pregnancy, labor, or delivery harms your child or you, the consequences can last a lifetime. Our experienced New York birth injury lawyers have spent over two decades helping families navigate these difficult situations, securing compensation for medical expenses, long-term care, and emotional suffering. For example, in 2022, we represented a family whose newborn suffered a preventable injury due to a delayed C-section, resulting in a $3 million settlement to cover their child’s future needs.
What Are Birth Injuries?
Birth injuries occur when a baby or mother suffers harm due to medical negligence during the childbirth process. These injuries differ from congenital conditions, as they are caused by errors rather than genetics. The American College of Obstetricians and Gynecologists (ACOG) notes that while some birth injuries heal quickly, others—particularly those involving the brain or nervous system—can lead to permanent disability. Common causes of birth injuries in New York include:
- Failure to Monitor Fetal Distress: Missing signs of oxygen deprivation, which can lead to brain damage like cerebral palsy.
- Delayed or Improper Use of Delivery Tools: Misuse of forceps or vacuum extractors, often causing skull fractures or nerve damage such as Erb’s palsy.
- Mishandling Complications: Failing to address breech positions or shoulder dystocia.
- Medication Errors During Labor: Overdosing or misprescribing drugs like Pitocin, which can overstimulate contractions and harm the baby.
- Inadequate Response to Maternal Health Issues: Ignoring conditions like preeclampsia, risking both maternal and fetal health.
These Errors Can Result in Serious Conditions, Including:
- Cerebral Palsy: A neurological disorder affecting movement, often linked to oxygen deprivation during birth.
- Erb’s Palsy: Nerve damage in the shoulder, impairing arm function, frequently caused by excessive pulling during delivery.
- Brain Damage: Leading to cognitive delays or seizures, sometimes due to untreated jaundice or hypoxia.
- Fractures or Nerve Damage: Such as clavicle breaks from rough handling.
- Maternal Injuries: Including severe tearing or untreated hemorrhaging.
As dedicated birth injury attorneys in NYC, we’ve successfully represented families in cases like these. For instance, we recently helped a mother whose untreated preeclampsia led to her infant’s brain injury, securing funds for lifelong therapy. Our goal is to hold negligent healthcare providers accountable and support your family’s recovery.
The Lifelong Impact of Birth Injuries
Birth injuries often leave lasting effects that extend far beyond the delivery room:
- Physical Challenges: Conditions like cerebral palsy or nerve damage may require lifelong medical care, surgeries, or therapy.
- Emotional Toll: Families face grief, stress, and anxiety as they adapt to their child’s needs or recover from maternal injuries.
- Financial Strain: Medical bills, specialized care, and lost income can place enormous burdens on families.
Our firm is committed to securing compensation that helps your family access the resources necessary for your child’s care and your peace of mind.
Why Choose Deutsch Law for Birth Injury Cases?
Specialized Expertise in Birth Injury Law: We have extensive experience in birth injury law and its medical issues. We can provide expert review of medical records [2] and obstetric care to identify where proper care was or wasn’t provided.
Proven Track Record of Success: With a history of successful birth injury cases, we meticulously examine every detail to maximize the opportunity for a favorable outcome for our clients.
Compassionate and Dedicated Support: We provide compassionate support, guiding and advocating for you through the emotional, family, and financial challenges of a birth injury.
We work with top medical experts in fetal monitoring, labor management, neurology, and neonatal care to build a strong case for you and your child.
Our Birth Injury Expertise
Comprehensive Coverage of Birth Injury Cases
We handle a wide range of birth injury cases, ensuring that no matter your situation, Deutsch Law has the expertise to support you.
Fetal Distress
Delayed Cesarean Sections
Prenatal Condition Misdiagnoses
Neonatal Injuries
Wrongful Death Due to Birth Injury
What Our Clients Say
4.7 out of 5
“Dear Larry,
Please accept our gratitude for your herculean efforts. Because of your guidance, we can now hopefully smile when he looks at the “Man in the Mirror.” You were our general; you were our Atticus Finch.
Sincerely,
Mr. and Mrs. V”
“Dear Larry,
I have been meaning to write to you to say “Thank you,” for all the work. You believed in us right from the start. Your integrity and professionalism were truly exceptional, and very much appreciated! I wish I had been there when the jury came back. My husband called me at work and I started to cry. From what I hear, your summation was just fabulous. You should be so proud.
Sincerely,
Mrs. D.”
“I wanted to sincerely thank you for all your effort on my behalf. I honestly never imagined that I would receive such a large settlement. I am very grateful that you represented me with such professionalism, knowledge, courtesy, and of course, great negotiating skills. It’s such a comfort to know that now I can worry a little less knowing I have a nice cushion for retirement and my family.
Thanks again for everything!”
How We Help Families Dealing with Birth Injury Cases
Free Initial Consultation
We listen to your story, assess your case, and develop tailored legal strategies to meet your goals.
Detailed Case Investigation
We thoroughly investigate the birthing process, reviewing medical records, fetal monitoring, and hospital protocols to identify failures in care.
Expert Collaboration
Our network of top medical experts provides critical testimony to ensure every aspect of your case is thoroughly examined.
Negotiation and Litigation
We work to secure appropriate compensation and will go to trial when necessary to hold negligent providers accountable.
Post-Settlement Support
Our commitment extends beyond securing a settlement. We offer strategic planning to protect your long-term financial security after a settlement.
Collaborating with top medical experts—including Ivy League alumni and department heads—equips us to hold negligent providers accountable, even in the most complex cases.
Financial Support for Your Legal Journey
No Upfront Fees
There is no fee unless we secure compensation on your behalf. Our contingency-based model ensures we can advocate for your family’s needs without any financial risk.
Access to Financial Assistance
We connect birth injury clients with financial resources to ensure your family can focus on recovery while we advocate on your behalf.
Has your family been affected by a preventable birth injury?
Don’t let a birth injury derail your family’s future. Let Deutsch Law help you hold negligent providers accountable and secure the compensation you deserve. We are dedicated to helping you rebuild your life after a birth injury.
Have questions about birth injury cases? We have answers
What are birth injuries due to negligence?
Birth injuries caused by medical negligence include conditions like cerebral palsy, Erb’s palsy, bone fractures, and brain damage, often due to improper handling, delayed intervention, or failure to monitor.
What is the most common type of birth injury?
The most common child’s birth injuries include brachial plexus injuries (Erb’s palsy), fractures, and brain injuries like hypoxic-ischemic encephalopathy.
How can a birth injury attorney help?
A birth injury lawyer can help by investigating the case, gathering evidence, negotiating with insurance companies, and representing you in court to secure fair birth injury settlement.
How long do I have to file a birth injury claim in New York?
In New York, the statute of limitations for filing a birth injury claim is generally two years from the date of the injury. However, there are exceptions, so it’s important to consult with a lawyer promptly.
Will my birth injury case be successful?
Success of a birth injury case may ultimately depend on proving when the injury occurred. The defense will often claim the medical malpractice injuries occurred in the early prenatal phase or were genetic, to try to oppose proof that malpractice surrounding birth produced the injury.
In such cases, the proof of “medical causation” will often depend on analysis of the placenta (“placental pathology”) and evaluating MRI imaging through Neuroradiologists, which may point to patterns more consistent with injury occurring at the time of birth.[3] We have developed legal and medical expertise in these highly-specialized areas, that we bring to bear for our clients.
What compensation can I receive?
Compensation in birth injury cases may cover medical expenses, long-term care costs, lost wages, pain and suffering, and more. The specific compensation depends on the details and severity of your case.
What types of birth injury cases do you handle?
We handle a wide range of birth injury cases, including delayed Cesarean sections, misdiagnosed prenatal conditions, neonatal injuries, wrongful death due to birth injury, and more. Each case is unique, and we tailor our approach to meet your specific needs.
How do I file a birth injury claim in New York?
To file a claim in New York, you must consult a birth lawyer in New York, file a lawsuit within the statute of limitations, and present evidence of negligence or wrongdoing. Our birth injury lawyers can help you take legal action, file a claim or file a medical malpractice lawsuit and guide you through every step of the process.
Do you offer free consultations?
Yes, we provide free consultations to assess your case and discuss your legal options. There’s no obligation to move forward after the consultation.
How do you communicate with clients during the case?
We prioritize clear and consistent communication with our clients. You will receive regular updates on the progress of your case, and our team is always available to answer any questions or address any concerns you may have.
References
[1] “Fetal distress” is typically diagnosed through “electronic fetal monitoring” (“EFM”). Certain signs on the monitor, such as an abnormally low heart rate, are typically used to diagnose the condition. See, www.merkmanuals.com/home/women-s-health (“Fetal Distress” Moldenhauer, M.D. 2020).
[2] Laurence Deutsch is the author of Medical Records for Attorneys (a widely used reference book for lawyers, published by the American Bar Association, ISBN 0-8318-0817-9). Mr. Deutsch is also a frequent lecturer at accredited programs: teaching other attorneys how to interpret records and other medical evidence.
[3] See, e.g. “Placental origins of neonatal diseases,” Mir et al (Pediatric Research 2020).