Childbirth Injury Attorney in New York City

A New York birth injury lawyer can help you obtain the just compensation you and your family are entitled to when your child or the mother suffers harm due to medical malpractice or substandard care during childbirth.

Securing compensation for birth injuries and maternal complications is a top priority. The Law Offices of Albert Goodwin is dedicated to helping families affected by preventable birth injuries to pursue justice and financial recovery for the challenges they face. We are committed to addressing the lifelong costs of medical care, therapy, and accommodations by fighting for accountability from negligent medical professionals and facilities.

We offer a free consultation, providing an opportunity to discuss your case with an experienced lawyer at no cost. During the consultation, you will receive a thorough evaluation of your legal rights and options, get answers to your questions about the legal process and potential outcomes, and learn about our firm's approach to representing birth injury clients and their families. We may also accept your case on contingency, depending on its unique circumstances.

Types of Birth Injuries

Here are some of the most common types of birth injuries that may give rise to a medical malpractice claim:

• Cerebral palsy resulting from medical negligence, such as spastic cerebral palsy, dyskinetic cerebral palsy, ataxic cerebral palsy, and mixed types
• Brachial plexus injuries caused by improper delivery techniques, including Erb's palsy, Klumpke's palsy, and total brachial plexus palsy
• Brain injuries due to substandard care, such as hypoxic-ischemic encephalopathy (HIE), intracranial hemorrhage (ICH), periventricular leukomalacia (PVL), and hydrocephalus
• Fractures and physical traumas, including skull fractures, cephalohematoma, clavicle and collarbone fractures, femur and other long bone fractures, and facial nerve palsy
• Failure to properly manage preeclampsia/eclampsia, leading to complications such as HELLP syndrome and organ damage
• Surgical errors during cesarean sections, such as lacerations and perforation of internal organs, excessive bleeding, anesthesia errors, and post-operative infections
• Postpartum hemorrhage caused by medical negligence, including uterine atony, retained placental tissue, genital tract lacerations, and coagulation disorders
• Infections and sepsis resulting from substandard care, such as chorioamnionitis, endometritis, sepsis, and pelvic inflammatory disease
• Maternal death due to medical malpractice, such as hemorrhage, preeclampsia/eclampsia complications, amniotic fluid embolism, pulmonary embolism, or sepsis, which may give rise to a wrongful death action for surviving family members

For a birth injury to be legally actionable, it must have been avoidable and directly caused by substandard medical care, a healthcare provider's negligence, or a breach of the accepted standards of practice. This involves proving that a duty of care existed, that this duty was breached, and that the breach directly caused the injuries sustained by the newborn.

Frequently Asked Questions About New York Birth Injury Litigation

What Is Considered a Birth Injury?

A birth injury can have both separate medical and legal definitions. In general, however, it is any harm or damage to a baby that occurs during the labor and delivery process or shortly after birth. Birth injuries can range from mild bruising or lacerations to more severe conditions such as cerebral palsy, brain damage, or brachial plexus injuries. Some birth injuries may be immediately apparent, while others may not be diagnosed until the child shows signs of developmental delays or physical impairments. Birth injuries can also include maternal injuries and complications that occur during childbirth, such as postpartum hemorrhage, infections, or surgical errors.

What Are the Common Causes of Birth Injuries?

Oxygen deprivation (asphyxia) during labor and delivery, which can lead to brain damage and conditions such as hypoxic-ischemic encephalopathy (HIE). Mechanical trauma during the birthing process, such as forceps or vacuum extractor injuries, or excessive traction on the baby's head or neck. Failure to recognize and address signs of fetal distress, such as abnormal heart rate patterns or meconium in the amniotic fluid. Delayed or improper interventions, such as failing to perform a timely cesarean section when medically necessary. Medication errors, including improper use of labor-inducing drugs like Pitocin or anesthesia complications. Maternal infections that can be transmitted to the baby during delivery, such as Group B Streptococcus (GBS) or herpes simplex virus (HSV).The statement provided generally outlines potential risks and complications during labor and delivery that can lead to adverse outcomes for the baby.

Can I File a Birth Injury Lawsuit in New York?

Yes, if your child has suffered a birth injury due to medical negligence or malpractice, you may be able to file a lawsuit in New York. To have a viable birth injury claim, you must be able to demonstrate that the healthcare provider(s) involved in your care deviated from the accepted standard of care and that this deviation directly caused or contributed to your child's injury. New York law allows parents to bring a lawsuit on behalf of their injured child to seek compensation for medical expenses, ongoing care needs, pain and suffering, and other damages. In some cases, parents may also have a separate claim for their own emotional distress and loss of their child's companionship and support.

How Long Do I Have To File a Birth Injury Lawsuit in New York?

In New York, the statute of limitations for filing a medical malpractice lawsuit on behalf of a minor child is generally 10 years from the date of the alleged malpractice, or 30 months after the injured patient turns 18, whichever comes first. However, if the birth injury claim involves a municipal or state-run hospital or clinic, you may need to file a notice of claim within 90 days of the injury and commence the lawsuit within a period of time, depending on whether it is a municipal or state hospital. For municipal hospitals, the claim must be filed within 15 months from the date of the alleged malpractice, while in cases of state-run hospitals, the lawsuit must be filed within 2 years of the negligent act in the New York Court of Claims.

Although there are some exceptions to these time limits, such as when the child suffers from a developmental disability or the malpractice involved a foreign object left inside the patient's body, the general medical malpractice statute of limitations is 30 months from the time of the act of medical malpractice. Given the complexity of birth injury cases and the varying time limits, it is crucial to consult with us as soon as possible to ensure your rights are protected.

What Can I Expect To Recover in a Birth Injury Lawsuit?

The compensation you may be able to recover in a birth injury lawsuit will depend on the specific circumstances of your case and the severity of your child's injuries. Potential damages may include past and future medical expenses related to the birth injury, including surgeries, therapies, and assistive devices; ongoing care costs, such as in-home nursing care, personal care attendants, and home modifications; lost earning capacity and diminished future income potential for the child; pain and suffering endured by the child and emotional distress experienced by the family; and loss of enjoyment of life and altered family relationships. In cases of egregious misconduct or reckless disregard for patient safety, punitive damages may also be awarded to punish the responsible parties and deter future wrongdoing. While no amount of money can truly compensate for the challenges and hardships faced by families affected by birth injuries, a successful lawsuit can provide the financial resources necessary to ensure the child's long-term needs are met.

How to Get Started With Your Birth Injury Claim

To begin the process of pursuing your birth injury claim, reach out to our office to schedule a complimentary initial consultation. In preparation for this meeting, compile all pertinent information and documentation, including medical records related to the pregnancy, labor, delivery, and post-natal care, as well as any relevant correspondence or communication with healthcare providers or insurance companies. Prior to the consultation, take some time to jot down any questions or concerns you wish to address, and consider inviting a trusted family member or friend to accompany you for support and assistance with note-taking. During the consultation, we will thoroughly review the specifics of your case, explore potential legal avenues, and discuss the best course of action moving forward. Following this in-depth discussion, we will assess whether your case qualifies for acceptance on a contingency basis.

The Law Offices of Albert Goodwin represents clients with birth injury claims throughout the state of New York, including all five boroughs of New York City (Manhattan, Brooklyn, Queens, The Bronx, and Staten Island), Long Island, and Upstate New York. You can call us at 212-233-1233 or send us an email at [email protected].