Birth Injury Law NY
Trusted Information for New York Families
Key Takeaway: Shaken baby syndrome (abusive head trauma) lawsuits in New York allow families to seek compensation for medical expenses, lifetime care costs, pain and suffering, and other damages. In late 2025, New Jersey became the first state to rule that shaken baby syndrome testimony is scientifically unreliable in criminal
Key Takeaways In 2022, 2.3 million children (3.2%) in the U.S. had been diagnosed with a concussion or brain injury New York has no damage caps on pediatric malpractice cases—verdicts can reach $130 million or more Children injured by medical negligence have until age 20.5 to file lawsuits (or 10
Understanding how low Apgar scores indicate birth injuries and when they support medical malpractice claims in New York. Learn about score interpretation, brain injury risks, legal evidence use, and compensation options for families.
Understanding Neonatal Sepsis and Brain Injury Neonatal sepsis is a life-threatening infection that affects newborns in their first 28 days of life. When bacteria, viruses, or fungi invade a baby’s bloodstream, the resulting systemic inflammation can cause devastating brain damage. More than 75,000 babies and children develop severe sepsis in
Understanding Necrotizing Enterocolitis and Brain Injury Necrotizing enterocolitis (NEC) represents one of the most devastating complications affecting premature newborns in neonatal intensive care units. While primarily recognized as a gastrointestinal emergency, recent research has uncovered a critical gut-brain connection that links NEC to significant brain injury and long-term neurodevelopmental impairments.
When a baby is born prematurely, the risk of brain injury increases significantly. According to the March of Dimes, approximately 10% of all births in the United States are premature, with brain injury risks escalating dramatically for infants born before 32 weeks of gestation. If your premature baby suffered brain
When a child is diagnosed with athetoid cerebral palsy, families face a complex journey involving medical care, therapy, and significant financial burden. For New York families whose child’s condition resulted from medical negligence during pregnancy or delivery, understanding your legal rights is an important step toward securing the resources your
What is Ataxic Cerebral Palsy? Ataxic cerebral palsy is the rarest form of cerebral palsy, affecting approximately 5-10% of all children diagnosed with CP. This neurological condition primarily impacts balance, coordination, and precise movements due to damage to the cerebellum—the part of the brain responsible for fine-tuning motor control and
Intrauterine growth restriction (IUGR) affects 3-10% of all pregnancies and represents one of the most serious complications that can lead to permanent brain injury when not properly monitored and managed. When babies fail to grow adequately in the womb, they face increased risks of oxygen deprivation, nutrient deficiency, and neurological
Spastic cerebral palsy is the most common form of cerebral palsy, affecting approximately 70-80% of individuals diagnosed with CP according to the Centers for Disease Control and Prevention. When medical negligence during pregnancy, labor, or delivery causes this lifelong condition, families in New York have legal options to pursue compensation
Retinopathy of prematurity (ROP) represents one of the most challenging complications facing premature infants in modern neonatal care. While primarily recognized as a vision-threatening condition affecting the developing retina, emerging research reveals a concerning connection between ROP and brain injury in premature babies. Understanding this relationship is crucial for families
Severe traumatic brain injury (TBI) represents one of the most critical medical emergencies, often resulting in life-threatening complications and long-term disability. Unlike mild or moderate TBI, severe brain injuries typically involve prolonged unconsciousness, coma, or altered states of consciousness that require immediate intensive medical intervention. Understanding severe TBI is crucial
Brain injuries can have devastating, life-altering consequences. When medical professionals fail to diagnose these conditions promptly and accurately, patients may miss critical treatment windows that could prevent permanent damage or death. Unfortunately, misdiagnosis of brain injuries is alarmingly common in emergency departments and medical facilities across New York State. If
What Is Brain Cooling Treatment for Newborns? Brain cooling treatment, medically known as therapeutic hypothermia or neonatal cooling, is a carefully controlled medical procedure that deliberately lowers a newborn’s body temperature to prevent or minimize brain damage following oxygen deprivation during birth. This treatment represents one of the most significant
When a baby experiences oxygen deprivation during birth, every minute counts. Therapeutic hypothermia—also called cooling therapy—has emerged as the standard treatment for preventing permanent brain damage from hypoxic-ischemic encephalopathy (HIE). This life-saving intervention must begin within six hours of birth to be effective. If your child was diagnosed with HIE
When complications arise during labor and delivery, every minute matters. An emergency C-section can be the difference between a healthy birth and a lifetime of disability. Medical teams are expected to respond quickly when fetal distress occurs, yet delays in performing emergency cesarean deliveries continue to cause devastating brain injuries
When a mother who previously delivered via cesarean section (C-section) chooses to attempt a vaginal delivery for a subsequent pregnancy, this is known as a vaginal birth after cesarean, or VBAC. While VBAC can be a safe option for many women, it carries specific risks—particularly uterine rupture—that require careful medical
When a vaginal birth after cesarean (VBAC) attempt doesn’t go as planned, the consequences can be devastating. Failed VBAC deliveries carry significant risks of birth injuries, particularly brain damage caused by oxygen deprivation during emergency complications like uterine rupture. If your child suffered a brain injury during a failed VBAC
Understanding Maternal Fever Brain Injury Maternal fever during labor and delivery represents a serious medical concern that can lead to life-altering brain injuries in newborns. Research shows that maternal fever is associated with a nearly 4-fold increased risk of hypoxic-ischemic encephalopathy (HIE) compared to no fever, with rates climbing as
What Is Cytotec (Misoprostol)? Cytotec, known generically as misoprostol, is a medication originally approved by the FDA in 1988 to prevent stomach ulcers in patients taking nonsteroidal anti-inflammatory drugs (NSAIDs). However, over the past two decades, many hospitals have begun using Cytotec off-label to induce labor in pregnant women. Important:
