Birth Injury Attorney in New York City

Parents often sense that something is wrong before they know the medical term for it. While not every difficult delivery involves negligence, certain injuries and warning signs may warrant a closer review of the medical care provided.

Common Types of Birth Injuries:

• Oxygen deprivation injuries: Some birth injuries occur when a baby does not receive enough oxygen before or during delivery. This can lead to brain damage and conditions such as hypoxic ischemic encephalopathy (HIE), certain forms of cerebral palsy, or seizures shortly after birth.
• Trauma from difficult deliveries: Excessive force, improper use of delivery instruments, or delayed responses to fetal distress can cause physical trauma. Skull fractures or bleeding inside the skull may occur in these situations.
• Brachial plexus injuries: When a baby’s shoulders become lodged during delivery—a situation often described as shoulder dystocia—the nerves in the shoulder (brachial plexus) can be injured, potentially affecting arm movement and strength.

Possible Warning Signs After Birth:

• Immediate Signs in the Hospital: Low muscle tone, difficulty feeding, breathing problems, or seizures in the neonatal intensive care unit (NICU) may signal an underlying birth injury.
• Developmental Delays Later On: Some signs appear months or years later, such as delays in rolling over, sitting, walking, or speaking. Others may involve developmental or learning challenges identified during early childhood.

A complicated birth does not automatically mean that a healthcare provider acted negligently. However, when a serious injury occurs, it is important to examine the medical records and compare the care provided to accepted standards. Our birth injury attorneys in New York City work with medical professionals to evaluate whether warning signs were missed, whether appropriate procedures were followed, and how those decisions may have influenced your child’s outcome.

When we accept a birth injury case, our goal is to make the legal process as clear and manageable as possible. These cases are often complex and emotionally overwhelming, especially when they involve large hospitals across the five boroughs.

Key steps in the process include:

• Collecting and Reviewing Medical Records: We begin by gathering and organizing records from the physicians, nurses, and facilities involved in the pregnancy, delivery, and newborn care. This often includes major hospitals in New York City.
• Consulting Medical Professionals: We work with qualified medical professionals to analyze whether the care met accepted standards. In a New York malpractice case, the question is often whether a reasonably careful provider would have acted differently under similar circumstances.
• Identifying Responsible Parties: Potential defendants may include obstetricians, midwives, resident physicians, anesthesiologists, nurses, and the hospital itself. Lawsuits arising from serious injuries are typically filed in the New York State Supreme Court in the appropriate county.
• Evaluating Damages and Long-Term Needs: For children with significant birth injuries, damages may include current and future medical expenses, therapy, assistive equipment, home modifications, special education services, and lifetime personal care costs.
• Managing Litigation and Communication: Our birth injury attorneys prepare court filings, communicate with defense counsel and insurers, and prepare families for key milestones such as depositions. We remain accessible throughout what can be a multi-year case and are committed to returning calls and emails promptly.

Birth injury cases often take time, particularly when the injuries are severe and the financial exposure is substantial. We set honest expectations about timelines, the possibility of settlement discussions, and the potential need for trial. When settlement offers arise, we help you evaluate them carefully against the projected needs outlined in the life-care plan, offering guidance and perspective without pressure.

Planning For Your Child’s Future