New York Birth Injuries Attorney

Get Legal Representation from the Top Birth Injury Attorneys in New York at Shalom Law

The birth of a child should be a joyous occasion, but when medical negligence leads to birth injuries, it can have devastating and long-lasting effects on both the child and the family. Birth injuries can result from various factors, including improper medical practices, delayed responses, or failure to diagnose conditions during pregnancy or delivery. At Shalom Law, our experienced birth injury attorneys in New York are committed to helping families navigate the complex legal landscape to secure the compensation they deserve. Serving clients across Queens, Brooklyn, Bronx, Manhattan, Staten Island, Nassau County, Suffolk County, and parts of Upstate New York, we provide compassionate and dedicated legal representation to ensure justice for your family.

Facts and Statistics

According to the Centers for Disease Control and Prevention (CDC), birth defects affect one in every 33 babies born in the United States each year. While not all birth defects result from medical negligence, many birth injuries are preventable and occur due to errors during pregnancy, labor, or delivery. Understanding these statistics highlights the critical need for legal intervention in cases of birth injuries caused by medical malpractice.

• Prevalence: Thousands of birth injuries occur each year due to medical negligence, affecting the lives of newborns and their families.
• Impact: Birth injuries can lead to lifelong disabilities, requiring extensive medical care, rehabilitation, and special education.
• Legal Recourse: Families have the right to seek compensation and hold healthcare providers accountable for preventable birth injuries.

Common Types of Birth Injuries

Birth injuries can vary widely in severity and impact, ranging from temporary conditions to lifelong disabilities. Understanding the most common types of birth injuries can help families recognize the signs and seek appropriate medical and legal assistance. These injuries often result from complications during labor and delivery or improper medical practices. Common birth injuries include:

• Cerebral Palsy
  Often results from lack of oxygen to the brain during delivery or trauma caused by improper use of delivery tools and can lead to motor skill impairments, muscle coordination issues, and developmental delays.
• Erb’s Palsy
  Occurs when the baby’s shoulder is stretched too far during delivery, damaging the brachial plexus nerves, which can cause weakness or paralysis in the arm and can require surgery or long-term physical therapy.
• Hypoxic-Ischemic Encephalopathy (HIE)
  Results from insufficient oxygen or blood flow to the brain during labor or delivery, which can lead to severe brain damage, cognitive impairments, and physical disabilities.
• Fractures
  Caused by improper handling during delivery can cause fractures, especially to the collarbone. Fractures typically heal with proper medical treatment but can cause initial pain and complications.
• Jaundice and Kernicterus
  Failure to treat jaundice properly can lead to kernicterus, a type of brain damage, which causes severe neurological damage and can result in hearing loss or intellectual disabilities.

Causes of Birth Injuries

Birth injuries can occur due to various factors, often involving medical negligence or errors during pregnancy, labor, or delivery. Identifying the causes of birth injuries is crucial for holding healthcare providers accountable and preventing similar incidents in the future. These causes can include improper use of medical tools, delayed medical responses, and failure to monitor the mother and baby properly. Common causes include:

Medical Negligence

• Improper Use of Forceps or Vacuum: Misuse of delivery tools can cause significant trauma to the newborn.
• Delayed C-Section: Failing to perform a timely C-section can lead to oxygen deprivation and other complications.

Failure to Monitor

• Fetal Distress: Not adequately monitoring the baby’s heart rate and other vital signs during labor can result in undetected distress.
• Maternal Health Conditions: Ignoring maternal health issues like high blood pressure or diabetes can lead to complications during delivery.

Medication Errors

• Incorrect Dosage: Administering incorrect dosages of medication to the mother during labor can adversely affect the baby.
• Harmful Medications: Prescribing medications that are unsafe for pregnant women may sometimes lead to birth injuries.

Intrapartum Factors

• Prolonged Labor: Prolonged labor can be risky for the baby, leading to stress and oxygen deprivation. It is essential for medical staff to monitor labor closely and intervene promptly to avoid potential birth injuries.
• Umbilical Cord Complications: Complications with the umbilical cord, such as prolapse or compression, can interrupt the baby’s oxygen supply. Swift and appropriate action by healthcare providers is critical to prevent severe injury or death.
• Shoulder Dystocia: Shoulder dystocia occurs when the baby’s shoulder gets stuck in the birth canal after the head has been delivered. This condition requires skilled handling to safely free the baby without causing nerve damage or other injuries.

Maternal Issues

• Health Conditions: Maternal health issues like diabetes or hypertension can increase the likelihood of birth injuries. Proper prenatal care and management of these conditions are vital to reduce complications during delivery.
• Substance Abuse: Substance abuse during pregnancy can lead to premature birth, low birth weight, and withdrawal symptoms in the newborn. These factors can complicate delivery and elevate the risk of birth injuries.
• Age: The age of the mother can also play a role in the risk of birth injuries. Teen mothers and those over the age of 35 face higher risks of complications, making careful monitoring and management by healthcare providers essential.

Fetal Factors

• Size and Position: The baby’s size and position at birth, such as being in a breech or transverse position, can make delivery more challenging and increase the risk of injury. Early identification and management of these risks by medical professionals are crucial.
• Prematurity: Premature infants are more susceptible to birth injuries due to their underdeveloped bodies and organs. Specialized care is necessary to minimize the risk of injury in these fragile cases.
• Birth Defects: Certain birth defects, while not necessarily related to the delivery process, can complicate labor and delivery, potentially leading to injuries. Healthcare providers must plan and manage these risks carefully.

Steps to Take if You Suspect a Birth Injury

Seek Medical Attention

• Get Immediate Care: Ensure that your child receives the necessary medical evaluation and treatment to address any injuries or complications.

Document Everything

• Medical Records: Keep detailed records of all medical treatments, diagnoses, and communications with healthcare providers.
• Photographic Evidence: Take photos of any visible injuries and note changes in your child’s condition.

Consult a Birth Injury Attorney

• Legal Advice: Contact Shalom Law to discuss your case and understand your legal options for pursuing compensation.
• Case Evaluation: Our attorneys will conduct a thorough investigation to determine if medical negligence contributed to the birth injury.

How Shalom Law Can Help You 

At Shalom Law, our dedicated birth injury attorneys in New York, provide comprehensive legal support to families affected by birth injuries. Here’s how we can assist you:

Thorough Investigation

• Medical Record Review: We meticulously review medical records to identify any signs of negligence or malpractice.
• Expert Consultation: We work with medical experts to establish the connection between the medical error and the birth injury.

Personalized Legal Strategy

• Case Management: We handle all aspects of your case, from filing paperwork to negotiating with insurance companies.
• Customized Approach: We develop a tailored legal strategy to address the unique circumstances of your case.

Aggressive Representation

• Negotiating Settlements: Our attorneys strive to secure a fair settlement that covers medical expenses, future care costs, and non-economic damages.
• Court Advocacy: If necessary, we are prepared to take your case to court and advocate passionately on your behalf.

Ongoing Support and Communication

• Client-Centered Approach: We prioritize keeping you informed and involved throughout the legal process.
• Compassionate Guidance: We offer compassionate support and guidance, understanding the emotional and financial toll of birth injuries.

By choosing Shalom Law, you are choosing a top personal injury firm committed to achieving the best possible outcome for your case. Visit our Personal Injury Law page for more information on how we can assist you.

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