New York Birth Injury Lawyers
Representing Children & Families After Malpractice
In most cases, the birth of a child is a joyous occasion. But, when an obstetrician, delivery room nurse, midwife, or doctor is negligent, it can quickly become one of the worst days of a parent’s life.
If a medical provider’s negligence led to your newborn being severely injured, you have the right to take legal action and seek justice on behalf of your child.
The New York birth injury lawyers at Simonson Goodman Platzer PC have decades of experience in helping families of children born with severe congenital or genetic conditions. We understand the immense challenges you and your family are facing, and we are committed to advocating for your monetary recovery throughout the entire legal process.
Get in touch with our team today. Call (800) 817-5029 or contact us online for a free consultation.
Common Causes of Birth Injuries
Negligent Prenatal Screening
Lawsuits in the area of negligent prenatal screening often stem from a failure to order a standard blood test or a failure to properly interpret or act on the results. Blood tests are used to identify whether a pregnancy is at a higher-than-average risk for a wide variety of serious birth defects.
Blood testing for defects is called “carrier screening,” meaning that the test is trying to determine if the parents are carriers of recessive genes that can cause inherited disease.
When woman are properly screened, the tests can reveal the presence of:
- Down syndrome, which occurs in about 1 in every 800 births
- Trisomy 18, which causes severe mental disability and other defects and which occurs in about 1 in every 6,000 births
- Neural tube defects, such as spina bifida, which occurs in about 1 in every 1,000 births
Screening can also be done for cystic fibrosis, sickle cell, thalassemia, and Tay-Sachs.
Ultrasounds are another prenatal screening test that can also form the basis of a lawsuit. With ultrasounds now a standard of care treatment in early pregnancy, some cases occur because a radiologist was negligent in reading the ultrasound. Other cases arise when an obstetrician is negligent in failing to order an ultrasound or failing to follow up when the ultrasound is suspicious or even clearly abnormal.
Negligence During Labor & Delivery
Birth injuries might also happen during labor or delivery and could be the result of:
- Failure to monitor for signs of fetal distress
- Delayed birth/prolonged labor
- Failure to order a timely cesarean section (C-section)
- Failure to order a C-section
- Improper use of forceps/vacuum extractor
Birth Defects vs. Birth Injuries
Birth injury claims often deal with birth defects and birth injuries, which are medically different. When a baby is harmed during development or in utero, the injury is called a birth defect.
Many birth defects are also considered to be “naturally occurring” or hereditary, but not all. When a baby is harmed during labor or delivery, it is a birth injury. Most birth injuries can be directly linked to a medical provider’s mistakes.
Common types of birth injuries include:
- Cerebral palsy
- Erb’s palsy (brachial plexus injury)
- Hypoxic-ischemic encephalopathy (HIE)
- Fractured bones (e.g., clavicle or skull fractures)
- Facial nerve damage
- Intracranial hemorrhage (brain bleed)
- Forceps or vacuum extraction injuries
- Spinal cord injuries
- Infant death
Can We Prevent the Tragedy of Childbirth Injuries?
Every year almost 1000 American woman die as a result of childbirth related complications, and another 50,000 have serious issues. A hidden aspect of maternal death in the USA is that 60% of these tragic deaths could have been prevented. This is the sad conclusion of a report prepared by the Centers for Disease Control (CDC).
What is shocking is that these unnecessary deaths are largely due to missed and late diagnosis by doctors, much of it caused by the negligent failure to recognize clear warning signs.
"In 21st century America, in the richest and most powerful nation on Earth, no woman should ever die from pregnancy and childbirth...I believe we can cut maternal mortality in half by 2025, and eradicate maternal deaths in the US by 2050, by doing three things: learn from every maternal death, assure quality and safety of maternity care for all women, and improve women's health across their life course.” (Dr. Michael Lu)
It is not just the delivery period that is dangerous, because 1/3 of deaths occurred before and after childbirth. Childbirth is one of the most common reasons women go into hospitals, and yet our doctors and hospitals mishandle complicated pregnancies with a stunning regularity.
The CDC has identified the following areas of concern:
- During Pregnancy: Improve access to and delivery of quality prenatal care, which includes managing chronic conditions and educating about warning signs.
- At Delivery: Standardize patient care, including delivering high-risk women at hospitals with specialized providers and equipment.
- Postpartum: Provide high-quality care for mothers up to one year after birth, which includes communicating with patients about warning signs and connecting to prompt follow-up care.
What to Do If You Think You Have a Birth Injury Case
If you think you might have a case, don’t delay in contacting the attorneys at Simonson Goodman Platzer PC. Time matters, because both New York and New Jersey have strict time limits in place that can prevent even a good case from going forward and a delay could prejudice your rights.
Simonson Goodman Platzer PC has successfully represented individuals in many thousands of medical malpractice cases over decades. We have a 98% success rate in the cases we have handled, and our attorneys have recovered more than $200 million for our clients. We offer contingency fees, so you do not owe any attorneys’ fees until we win compensation for you.
Call (800) 817-5029 today to talk to a New York birth injury attorney at our firm.
Frequently Asked Questions
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What qualifies as a birth injury?
A birth injury typically refers to harm to a baby or mother during labor and delivery due to medical negligence. Common injuries include cerebral palsy, Erb’s palsy, brain damage, or fractures.
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Can I sue if the birth injury wasn’t immediately apparent?
Yes, in many cases, birth injuries may not be noticed until months or years later. You can still pursue a lawsuit if you believe negligence caused the injury, but it’s important to act within the statute of limitations.
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Who can be held responsible for a birth injury?
Potential defendants may include doctors, nurses, midwives, hospitals, and other healthcare providers involved in the birth.
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What types of compensation can I receive?
Compensation may include medical expenses (past and future), pain and suffering, costs for long-term care, lost wages, and emotional distress.
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Do I need medical records to prove my case?
Yes, medical records are crucial evidence in birth injury cases. They help demonstrate whether the standard of care was breached during labor and delivery.
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What is the process for filing a birth injury lawsuit?
The process typically involves an investigation, gathering evidence, consulting with medical experts, filing the lawsuit, and potentially negotiating a settlement or going to trial.
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How long does it take to resolve a birth injury lawsuit?
Birth injury lawsuits can take several months to years to resolve, depending on the complexity of the case, whether a settlement is reached, or if the case goes to trial.
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Will I need to go to court?
Not necessarily. Many birth injury cases are settled out of court, but if a fair settlement cannot be reached, the case may proceed to trial.
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How much does it cost to hire a birth injury lawyer?
Most birth injury attorneys – including those at our firm – work on a contingency fee basis, meaning you only pay if your case is successful, with fees coming from the settlement or court award.
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Will a lawsuit always be successful if a baby is harmed at birth?
There is no way to guarantee that a birth injury claim or lawsuit will be successful. Even with thorough evidence of liability and clear medical records, a case can swing in favor of the defense for unexpected reasons. Working with a birth injury attorney can give you more confidence as your case develops, and they can also tell you earlier on if they think there might be any issues in your claim that need more attention.
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Who receives the money from a birth injury lawsuit?
Money collected through a settlement or verdict award in a birth injury claim will be given to the child’s parents. However, some of the damages might technically belong to the child, not the parents, even if the child is still an infant when the birth injury case ends. In such a situation, the child’s finances could be placed into a set-aside account or trust that is inaccessible until the child becomes a legal adult.
Our Settlements & Verdicts
Our top priority is to devise customized legal strategies that are tailored to the unique legal needs of our clients, no matter how simple or complicated their situations might be.
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$2 Million $2,000,000 Settlement (Middlesex County, NJ)
$2,000,000 settlement for a young 29-year-old New Jersey wife and mother who developed bleeding after giving birth to a stillborn.
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$4.6 Million Inadequate Medical Treatment
Mary Perez, a 23-year-old single mother in Brooklyn, worked hard as an EMT saving the lives of strangers while planning to go to college to become a nurse.
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$2 million Medical Malpractice Recovery
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$3.5 Million Medical Malpractice Recovery
$3,500,000 recovery for an infant with severe cognitive problems due to a delay in administering antiviral medication.
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$6 Million Medical Malpractice Recovery
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$5 Million Medical Malpractice Recovery
Hear What Our Clients Have to Say
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The attorneys were kind, accommodating and professional. I couldn’t be happier with the settlement they achieved for me.Inbar V.
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They have done an amazing job to win my case without even going to the court.Sezgin T.
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Highly recommend!! I had the pleasure of working with Paul Simonson during the worst time of my life. He is knowledgeable, professional & he truly cares. When other attorneys turned down my case Mr. Simonson got results! I will be forever grateful.Dawn M.
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I would highly recommend this firm. Ted knows the law and did a great job.Dana
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They were honest and clear about the process of bringing a lawsuit forward and managed my expectations.Nate G.
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Thank you, Mr. Goodman and Mr. Simonson very much for looking out for me and always having my best interest at heart!Naresh T.
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Based on my experience with this firm, their name should be empathy, compassion and brilliance. Their kindness and attention to detail was second to none. I truly cannot say enough good things about Paul, Ted and this firm. The gratitude I feel towards them is immeasurable.Nic R.
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Ted Goodman was amazing in the courtroom and eloquently argued my case. If I could give them 10 stars I would, they truly changed my life. There are no amount of words that can show how grateful I am for all they have done.Ashley W.