Tireless Advocates for Birth Injury Compensation

6 out of 1,000 infants born in the US experience severe birth injuries, including developmental disorders, fractured bones, and neurological conditions, according to CDC data. The accomplished birth injury attorneys at The Alvarez Law Firm in New York have successfully handled various birth complication and birth injury cases over the years. Our committed birth injury lawyers possess the expertise, knowledge, and resources needed to achieve a successful outcome for your case.

Examples of Serious Birth Injuries

Cerebral Palsy

Often caused by oxygen deprivation during labor and delivery, cerebral palsy affects motor skills and muscle coordination, leading to lifelong physical and cognitive challenges.

Erb's Palsy

This injury results from nerve damage to the brachial plexus, typically due to excessive force during delivery. It can lead to weakness or paralysis in the affected arm.

Hypoxic-Ischemic Encephalopathy (HIE)

HIE occurs when the brain doesn't receive enough oxygen, leading to potential brain damage and developmental delays.

Fractured Bones

Difficult or complicated deliveries can result in fractures, commonly of the clavicle or collarbone, which can cause significant pain and mobility issues for the newborn.

Intrauterine Fetal Demise (Stillbirth)

Tragically, some birth injuries result in the loss of the baby before or during delivery, often due to undiagnosed complications or mismanaged care.

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Additional Serious Birth Injuries

Spinal Cord Injuries

Rare but severe, these injuries can occur due to improper handling or use of delivery instruments, potentially leading to lifelong paralysis or neurological impairments.

Facial Paralysis

Excessive pressure on the baby's face during delivery can damage facial nerves, resulting in temporary or permanent paralysis.


Newborns can suffer serious infections if proper sterile techniques are not followed, leading to conditions like sepsis, meningitis, or pneumonia.

Intracranial Hemorrhage

Bleeding within the brain, often caused by traumatic delivery, can lead to brain damage and long-term neurological issues.

Perinatal Asphyxia

This condition, resulting from insufficient oxygen before, during, or immediately after birth, can cause significant brain damage and other organ dysfunctions.

What Are Some Common Causes of New York Birth Injuries Constituting Medical Malpractice?

Medical malpractice, also known as medical negligence, happens when a doctor, healthcare professional, hospital, or other medical facility fails to provide care that meets accepted medical standards, resulting in injury, illness, or worsening of an existing condition.

Birth injuries might constitute medical malpractice, depending on the cause. Here are some examples that are more likely to qualify for a successful birth injury lawsuit against negligent medical providers in New York:

  • Failure to monitor fetal distress
  • Improper use of forceps or vacuum extractors
  • Delayed or inadequate response to complications
  • Failure to perform a timely cesarean section
  • Improper administration of medications
  • Inadequate prenatal care and diagnosis
  • Neglecting to treat maternal infections
  • Miscommunication among medical staff
  • Improper handling during delivery
  • Failure to address umbilical cord issues

How Do I Prove Medical Malpractice in a Birth Injury Lawsuit?

Proving medical malpractice in a birth injury lawsuit requires gathering compelling evidence and demonstrating that healthcare providers failed to meet the standard of care expected in similar circumstances. The first step is establishing a doctor-patient relationship between the healthcare provider and the mother or child. This relationship signifies that the provider owes a duty of care to the patient. Next, your legal team will need to show the accepted standard of care in the specific situation. This involves presenting expert testimony from qualified medical professionals who can explain what a competent provider would have done under similar circumstances.

The core of a medical malpractice claim is demonstrating that the healthcare provider deviated from the standard of care. This can be shown through:

  • Medical records
  • Witness testimony
  • Expert opinions
  • Other evidence highlighting where the provider's actions fell short

It's crucial to establish a direct link between the healthcare provider's deviation from the standard of care and the birth injury.

This requires medical evidence showing that the provider's actions or lack thereof directly caused or significantly contributed to the injury.

As part of this, your legal team will gather comprehensive documentation of the damages incurred due to the birth injury. This includes:

  • Medical records
  • Treatment costs
  • Ongoing care needs
  • Lost wages
  • Emotional suffering experienced by the child and family

It's important to distinguish between negligence and natural complications during childbirth. Not all birth injuries are caused by medical malpractice; some may happen even with proper medical care. Your legal team will aim to show that the injury resulted from negligence, not just a natural complication. Reviewing hospital policies and protocols and the provider's adherence to these guidelines can also help demonstrate medical malpractice.

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How Do I File a Birth Injury Claim In New York?

While each case is treated uniquely and may differ, here are the general steps to filing a birth injury claim in New York:

  • Seek Immediate Medical Attention: Ensure that your child receives the necessary medical care and that all injuries are documented. Medical records will be crucial evidence in your claim.
  • Consult with a Birth Injury Attorney: Contact an experienced birth injury lawyer serving New York, like the team at The Alvarez Law Firm. They can evaluate your case, explain your legal options, and guide you.
  • Gather Evidence: Collect all relevant medical records, including prenatal care documents, labor and delivery records, and postnatal treatment details. Your attorney will help you gather additional evidence, such as expert medical opinions.
  • File a Notice of Claim: If the birth injury happened in a public hospital or involves a government entity, it's crucial to file a Notice of Claim within 90 days of the claim accrues. This is necessary to protect your right to sue. Your attorney will write a formal complaint outlining the claims of medical negligence or malpractice. This document is then submitted to the relevant New York court to start the lawsuit.
  • Discovery Phase: During discovery, both parties exchange information and evidence related to the case. This phase may include depositions, interrogatories, and requests for documents.
  • Engage in Settlement Negotiations: Many birth injury claims are settled out of court. Your attorney will negotiate with the defendant’s legal team to seek a fair settlement. The case will proceed to trial if a settlement cannot be reached.
  • Trial Preparation and Court Proceedings: If your case goes to trial, your attorney will get everything ready and present your case in front of a judge or jury. This involves showing evidence, bringing in witnesses, and making legal arguments. If you win your case or reach a settlement, you will receive compensation for medical expenses, ongoing care costs, pain and suffering, and other related damages.

Who Can Be Held Responsible for a Newborn Birth Injury iin New York?

Doctors and Healthcare Providers

Obstetricians, gynecologists, pediatricians, nurses, anesthesiologists, and other healthcare professionals involved in prenatal care, labor, delivery, and postnatal care can be held accountable for birth injuries resulting from medical negligence or malpractice.

Hospitals and Medical Facilities

Hospitals, birthing centers, clinics, and other healthcare facilities where the birth injury occurred may be held responsible if their staff's actions or policies contributed to the injury.

Medical Staff and Employees

Individual healthcare providers, such as nurses, midwives, and technicians, can be held liable for their actions or omissions that led to a birth injury.

Pharmaceutical Companies

In cases where medication errors or defective drugs contributed to the birth injury, pharmaceutical companies may be held responsible.

Medical Equipment Manufacturers

If faulty or malfunctioning medical equipment, such as fetal monitoring devices or delivery instruments, caused or contributed to the birth injury, the manufacturer of the equipment could be held accountable.

Other Third Parties

Depending on the circumstances, other third parties, such as contractors responsible for maintaining medical equipment or providing services at a healthcare facility, may also be liable for a newborn birth injury.

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What Compensation Can I Get for a Birth Injury Lawsuit in New York?

  • Past, current, and future medical costs related to the birth injury, including hospitalization, surgeries, medications, therapies, assistive devices, and ongoing medical care
  • Rehabilitation services, such as physical therapy, occupational therapy, speech therapy, and other therapies needed to help the child recover and improve functionality
  • Lost wages or income if the child's injury requires parents or caregivers to take time off work to care for the child or if the child's earning capacity is affected in the future
  • Physical pain, emotional distress, and mental anguish experienced by the child and family members as a result of the birth injury
  • Permanent disabilities, impairments, and limitations caused by the birth injury, including loss of quality of life, loss of enjoyment of life, and diminished life expectancy
  • Modifications to the home environment, such as wheelchair ramps, accessible bathrooms, and other accommodations to enhance the child's mobility and independence
  • Special education services, educational aids, tutoring, and other educational expenses necessary for the child's development and academic progress
  • Future medical treatments, therapies, surgeries, medications, and healthcare needs that the child may require throughout their lifetime due to the birth injury
  • Counseling, therapy, and mental health services for the child and family members to cope with the emotional impact of the birth injury
  • In rare cases involving extreme negligence or intentional misconduct, punitive damages may be awarded to punish the responsible party and deter similar conduct in the future
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Can I File a Wrongful Death Lawsuit?

Tragically, certain medical malpractice mistakes can result in the death of an infant or mother. In cases where an infant is stillborn or dies after birth due to a preventable error by a healthcare professional, a wrongful death lawsuit may be pursued. To succeed in such a lawsuit, the plaintiff must demonstrate that the doctor's mistake directly caused the death of the infant or mother. As with medical malpractice cases, an attorney will typically enlist the help of an expert witness to provide testimony regarding any errors that occurred during prenatal care or delivery.

What is the Statute of Limitations for Birth Injuries in New York?

The statute of limitations for birth injuries in New York determines the time limit within which a legal action must be filed, generally two and a half years from the date of the alleged medical malpractice or negligence that resulted in the birth injury.

However, there are certain exceptions to consider:

  • If the birth injury was not immediately apparent or could not reasonably have been discovered within two and a half years, the statute of limitations may be extended. In such cases, the statute begins to run from the date the injury was discovered or reasonably should have been discovered.
  • If the birth injury involves a minor, the statute of limitations is typically extended until the child reaches the age of majority, which is 18 years old in New York. This means that the child has until their 20th birthday to file a lawsuit for a birth injury.
  • Other provisions or exceptions may be applicable so if you have any questions please feel free to consult with one of our birth injury attorneys. 
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Choose a Committed New York Birth Injury Attorney to Safeguard Your Legal Rights

Mistakes during pregnancy or childbirth can swiftly transform a joyful moment into a heartbreaking tragedy. The highly acclaimed New York birth injury lawyers at The Alvarez Law Firm have assisted numerous victims in securing rightful compensation from negligent medical providers. “Integrity for justice” is more than just a motto; for us, the ethos forms the foundation of all we do. Our firm offers strategic and empathetic legal representation to help you hold the healthcare professional responsible for your baby’s injuries accountable. Contact us today to arrange a free, confidential consultation with one of our experienced New York medical malpractice attorneys.

Let’s talk about your case.

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