New York City Birth Injury Lawyers

The birth of a child is usually one of the happiest moments in a person’s life, but when mistakes are made in the delivery room or during pregnancy, it may result in a serious birth injury and a lifetime of devastation and loss for the infant and the family. When these mistakes are made because delivery room doctors, obstetricians and other medical professionals are negligent or careless, that devastation can be even greater.

At the law firm of Paul B. Weitz & Associates, PC, we understand the emotional issues that families face when their child has been hurt or killed because of negligence. We also understand the financial burdens on families that must contend with years of medical bills and future care. Our experienced New York birth injury attorneys work hard to help our clients recover full and fair compensation for their past, present and future medical needs.

Our NYC birth injury lawyers are here to provide compassionate and effective legal guidance. Call us at 646-916-3179, or fill out our online contact form for a FREE consultation.

What Is Considered A Birth Injury?

A birth injury is any physical harm suffered by a newborn child during labor. Injuries of this type often stem from complications or medical errors. Birth injuries can vary in their severity and can be temporary conditions or life-altering impairments.

Some of the most common examples of injuries at birth include brachial plexus injuries, fractures, oxygen deprivation and brain damage. If the medical provider was at fault, then you may be able to pursue a birth injury claim. The birth injury attorneys at Paul B. Weitz & Associates, PC, can guide you through this process.

What Should You Bring To Your Free Initial Consultation With A NYC Birth Injury Lawyer?

When meeting with our attorneys about a potential birth injury claim, it is important to bring the right documents and information with you so that we can accurately evaluate your case. Some important documents to remember include:

• Medical records for both the mother and child, including prenatal and delivery details.
• Evidence of any medical expenses incurred, such as hospital bills.
• Photographs or notes documenting the injury or the child’s condition.
• Details about the attending medical staff and their actions during delivery.
• A list of questions or concerns you want to address during our meeting.

Being prepared for the consultation allows our attorneys to assess your case in detail. We can establish whether or not you have a valid claim. Remember, on top of the physical injuries, you may also be able to claim for emotional distress and loss of enjoyment in life.

Who Can File A Birth Injury Claim In New York?

Generally, it is parents or legal guardians who file a birth injury claim on behalf of their child. Parents or legal guardians may be able to claim different types of damages on top of the physical injuries suffered. For example, you may be able to claim for emotional distress and loss of enjoyment in life.

The key element in birth injury claims is medical negligence. You must be able to show that the medical team acted unreasonably. Consulting with one of our experienced birth injury lawyers will help you do this and pursue compensation and justice for your child.

Common Causes Of Birth Injuries

There are many ways in which a medical professional can harm a newborn through recklessness or negligence. A few of the more common causes include:

• Hypoxia
• Not using birthing forceps properly
• Vacuum injuries
• Delayed deliveries
• Not enough prenatal testing
• Improperly using Pitocin
• Prolonged labor

We can take the time to review your case, determine the primary cause of injury, pursue evidence to prove this and develop a claim to pursue the compensation you deserve for your child’s injuries.

What Types Of Compensation Can You Receive From A Birth Injury Case?

Fair compensation for your birth injuries should include the current and future consequences your child will experience. Common examples of these costs include medical bills, physical and emotional therapy, travel costs for treatment, renovation or relocation costs, lost income, education and behavioral intervention costs, at-home medical devices, and funeral and burial costs. Our goal as your legal representation is to maximize the compensation the liable party pays you to cover as many of these and other costs as possible.

Serious Birth Injuries Need Experienced Legal Representation

There is a vast array of severe conditions that can affect a baby during the birthing process. Our firm is equipped to handle a wide range of birth injury cases, including those involving:

• Cerebral palsy: A condition affecting muscle movement; often caused by lack of oxygen to the brain.
• Erb’s palsy: A form of brachial plexus that causes weakness, lack of motion or total paralysis in the arm.
• Traumatic brain Injuries: Severe trauma to the skull that can harm the brain. It often affects memory, cognition and personality.
• Forceps injuries: Forceps are a tool used to remove a baby during delivery, but they can cause physical injuries, too.
• Shoulder dystocia: When the baby’s shoulders get stuck during delivery, it can cause nerve damage and other ailments.
• Hematoma: Blood that pools under the baby’s skull due to pressure on its head.
• Brachial plexus: Damage to the baby’s brachial plexus nerves that can result in shoulder and arm weakness.
• Facial paralysis: If the baby’s facial nerves suffer trauma during birth, they may be permanently paralyzed.
• Other types of birth defects: These can include anencephaly, spina bifida, cleft palate, hydrocephaly, phenylketonuria, Hypoxic-Ischemic Encephalopathy (HIE) and more.

We understand the complex issues behind every case and have earned a strong reputation for our dedication to justice in birth injury and other medical malpractice claims.

What Types Of Evidence Can A New York Birth Injury Attorney Use To Prove Malpractice?

Proving medical malpractice is not easy, especially because hospitals and private practices have legal teams prepared to fight your claim tooth and nail. Our birth injury lawyers draw from a range of evidence to prove your case, including:

• Fetal monitoring
• Doctor’s notes
• Other medical records
• Test results
• Photographic evidence
• Forensic experts
• Other doctors’ testimony

We explore every available piece of evidence to make your case as strong as we possibly can.

Important Factors Needed For A Successful Birth Injury Claim

To have a successful case, you will need several criteria. Some of the most important include:

• The hospital, doctor, nurse or other health care professional owed you and your baby a duty of care.
• The party in question failed to provide the expected standard of care.
• As a result of this negligence, you, your partner or your baby suffered harm.
• This harm resulted in compensable damages.

Proving these details on your own is nearly impossible. You need the help of medical negligence lawyers like ours who can conclusively demonstrate malpractice to the insurance companies and a judge or jury, if necessary.

What To Know About Maternal Birth Injuries

The infant may not be the only person to suffer during a birth injury. The mother also often suffers harm. This may occur due to the failure to order certain tests, diagnostic errors, lack of monitoring during birth, physical harm from the doctor or many other causes. Common maternal birth injuries include:

• Nerve damage
• Organ prolapse
• Epidural errors
• Ruptured uterus
• Pelvic floor damage
• Perineal damage
• Postpartum hemorrhage

If you or your partner suffered an injury prepartum, during labor or postpartum and you believe a health care practitioner’s negligence caused it, get in touch with a lawyer immediately.

How Long Do You Have To File A Birth Injury Lawsuit?

In New York, there is a statute of limitations for medical malpractice claims. Parents of an injured child have ten years from the date they learned of their child’s injury and its cause, and at most two and a half years from the child’s eighteenth birthday. While this is a wide window to pursue compensation, that does not mean you should wait to file a claim. If you suspect your child suffered a birth injury, let us help you seek justice for those injuries.

Schedule An Appointment To Speak With A New York City Birth Injury Lawyer

We work hard to hold doctors and health care providers accountable for negligence and misconduct. Contact our office in New York City to schedule a free initial consultation with Paul B. Weitz & Associates, PC. Call us at 646-916-3179 to make an appointment. Se habla español.