New York City Birth Injury Attorneys

The birth of a child should be a joyful milestone for any family, a day filled with love, hope, and endless possibilities. Sadly, for some families, what should be a celebration turns into a nightmare when preventable birth injuries change their child’s life forever. If your child suffered harm because of medical negligence during childbirth, you deserve answers, justice, and the resources to give your child the best possible future. A compassionate and experienced New York City birth injury lawyer at the Rothenberg Law Firm LLP can guide and fight for you during this challenging time.

At the Rothenberg Law Firm, we understand the emotional and financial toll that preventable birth injuries place on families. With over 50 years of experience and billions of dollars recovered for our clients, we’ve earned a reputation for fiercely advocating for the injured while treating each client like family. You don’t have to walk this road alone. Contact us today for a free consultation to discuss your case and learn how we can help.

Why Choose Rothenberg Law Firm for Your New York City Birth Injury Case?

When the unthinkable happens, you need more than just a lawyer; you need an advocate who genuinely cares about your family’s well-being. At the Rothenberg Law Firm, you’ll find a team of seasoned birth injury attorneys dedicated to helping families rebuild their lives after medical negligence. Here’s why families across New York City have trusted us for decades:

• 50+ Years of Experience in Medical Malpractice Law
  Since opening our doors in 1969, we’ve fought tirelessly for injury victims. Our legal team has a deep understanding of the complexities of birth injury cases and the resources to take on powerful hospitals, doctors, and insurance companies.
• Billions Recovered for Our Clients
  While no amount of money can undo the pain of a birth injury, securing a substantial financial recovery can provide your child with the medical care, therapies, and other critical resources they need to thrive. We’re proud to have recovered billions of dollars on behalf of our clients, and we’ll do everything in our power to maximize your family’s compensation.
• Compassionate, Client-Centered Representation
  Your family’s well-being is our highest priority. We’re here to be more than just your legal advocates. We’ll guide you through every step of the legal process and connect you with specialists who can support your child’s physical, emotional, and developmental needs.
• Trial-Tested Advocates
  Some law firms avoid the courtroom at all costs. Not us. If a fair settlement isn’t offered, we’re fully prepared to take your case to trial and fight for justice in front of a jury. When you hire the Rothenberg Law Firm, you’re hiring a team of tenacious litigators who won’t back down.

Don’t settle for anything less than the best legal representation. We’ll go the distance to ensure your family has the resources you need to move forward.

What Is a Birth Injury?

A birth injury refers to physical harm or medical conditions sustained by a newborn during labor or delivery. While some complications are unavoidable, many birth injuries are preventable and occur due to mistakes made by medical professionals.

When healthcare providers fail to meet the standard of care expected in their field, the results can be devastating for families. Birth injuries can lead to lifelong challenges, including physical disabilities, developmental delays, and cognitive impairments. The emotional, financial, and personal toll can be overwhelming, which is why it’s crucial to hold the responsible parties accountable.

How Do Birth Injuries Happen?

Birth injuries caused by medical negligence often result from errors or omissions during the prenatal, labor, or delivery process. Some common causes of birth injuries include:

• Failure to Monitor Fetal Distress
  Healthcare providers must carefully monitor the baby’s heart rate and respond quickly to signs of distress. Ignoring or misinterpreting these signals can result in oxygen deprivation, brain damage, or other serious injuries.
• Improper Use of Instruments
  Tools like forceps and vacuum extractors can assist in a difficult delivery, but improper use can cause significant harm to the baby, including bruising, fractures, and nerve damage.
• Delayed or Improper Cesarean Sections (C-Sections)
  When complications arise, a timely C-section can save the baby’s life. Delayed decisions to perform a C-section can result in permanent injuries such as cerebral palsy.
• Medication Errors
  Administering too much or too little medication to the mother during labor, or failing to understand allergies and medical histories, can create dangerous complications for both mother and child.
• Misdiagnosis or Failure to Diagnose
  Conditions like gestational diabetes or infections need proper diagnosis and management to ensure a safe delivery. Neglecting these issues may have catastrophic outcomes.

Types of Birth Injuries

Birth injuries can vary widely in severity and type, but even mild injuries may require medical intervention and ongoing care. Birth injuries commonly caused by medical negligence include:

• Cerebral Palsy: Often caused by oxygen deprivation or brain trauma, this condition affects muscle tone, movement, and motor skills.
• Brachial Plexus Injuries: Nerve damage in the baby’s shoulder during delivery can lead to conditions like Erb’s palsy, which impairs arm function.
• Hypoxic-Ischemic Encephalopathy (HIE): A brain injury caused by reduced oxygen and blood flow during delivery.
• Fractures and Bone Injuries: Improper use of delivery instruments or excessive force can lead to broken bones.
• Facial Paralysis: Pressure on the baby’s face during birth can damage facial nerves, potentially resulting in partial paralysis.

If your child has experienced any of these injuries or another condition tied to labor or delivery complications, you may have legal grounds to pursue a birth injury claim.

Who May Be Held Liable in a New York City Birth Injury Case?

Birth injuries don’t happen in a vacuum. They typically result from a breakdown in medical care or decision-making. Multiple individuals or entities may share responsibility for your child’s injuries, including:

• Doctors and Obstetricians: Failing to diagnose complications, misusing instruments, or delaying C-sections are just a few examples of medical negligence.
• Nurses or Midwives: Errors in monitoring, medication administration, or assisting during delivery can lead to preventable harm.
• Hospitals: Poor staffing, inadequate training, or faulty equipment at a medical facility can also contribute to birth injuries.
• Pharmaceutical Companies: If a defective drug affected your childbirth experience, manufacturers may be liable for resulting injuries.

Our team will meticulously investigate your case to identify all parties responsible for your child’s injury. Pursuing claims against multiple parties can increase your chances of securing the financial resources your family needs.

How Our Lawyers Prove Negligence in a Birth Injury Claim

Birth injury cases are among the most complex of all personal injury claims, requiring a thorough understanding of both legal standards and medical procedures. At the Rothenberg Law Firm, our attorneys leave no stone unturned in proving that medical negligence caused your child’s injury. Here’s how we build a compelling case:

1. Comprehensive Evidence Collection:
   We work with leading medical experts to review your child’s medical records, labor and delivery reports, and other critical documents. This helps us identify where errors occurred and how they contributed to the injury.
2. Expert Testimony:
   To establish negligence, we consult with obstetricians, pediatric neurologists, and other specialists who can testify about breaches in the standard of care.
3. Demonstrating Long-Term Impact:
   Birth injuries can have irreversible consequences. Our team partners with life care planners, economists, and other professionals to calculate the financial cost of your child’s ongoing care, therapies, and quality of life needs.
4. Aggressive Negotiation or Trial Representation:
   We’re not afraid to face large insurance companies or hospital defense teams. Whether through settlement talks or courtroom litigation, we fight to hold negligent parties accountable.

By hiring our firm, you can focus on your child’s recovery while we handle the legal complexities of your case. Our goal is not just to win compensation but to secure justice, peace of mind, and hope for your family.

Compensation Available to NYC Birth Injury Victims

Families impacted by birth injuries deserve the financial support to manage the challenges posed by medical negligence. Compensation in a New York City birth injury case may include:

• Medical Expenses: Coverage for past, current, and future medical treatments, surgeries, and therapies.
• Rehabilitation Costs: Financial support for physical, occupational, and speech therapy.
• Assistive Devices: Compensation for wheelchairs, braces, and other necessary equipment.
• Pain and Suffering: Damages for the emotional distress caused by the injury.
• Lost Income: Compensation for parents who must reduce work hours or leave their job to care for their child.
• Future Care Costs: Funding to ensure lifelong care and support for the injured child.

Our birth injury lawyers will work tirelessly to secure the resources your family needs to move forward.

What is the Statute of Limitations for Filing a New York Birth Injury Claim

New York laws impose strict deadlines, or statutes of limitations, for filing birth injury claims. For birth-related medical malpractice in New York, families generally have up to two-and-a-half years (30 months) from the date of the injury to file a claim. However, if the claim involves an injured infant, exceptions may extend this timeframe.

Typically, a birth injury claim can be filed on behalf of the child until they turn 10 years old under certain circumstances. However, waiting can jeopardize evidence, witness availability, and expert testimony, making it harder to secure justice.

Every case is unique, so it’s crucial to consult with a qualified New York City birth injury attorney as soon as possible. Doing so ensures you meet all legal deadlines and protect your right to compensation.

How Much Does a NYC Birth Injury Attorney Cost?

At The Rothenberg Law Firm, we believe every family deserves access to justice, regardless of financial circumstances. That’s why we operate on a contingency fee basis, meaning you pay no upfront costs or hourly fees. Here’s how it works:

• No Fees Unless We Win: You owe us no attorney’s fees unless we successfully recover compensation for your family.
• Percentage-Based Fee: Our fee is a percentage of the settlement or court award, agreed upon upfront.
• Free Consultations: We offer completely free consultations so you can understand your legal options without obligation.

Hiring an attorney should not add financial stress. Our team is here to make the process as stress-free as possible so you can focus on your family.

Contact Our Trusted New York City Birth Injury Lawyers Today

New York City Personal Injury Lawyer, Allen L. Rothenberg, Esq.

When your child has suffered from a preventable birth injury, having a skilled and compassionate legal team on your side can make all the difference. At the Rothenberg Law Firm, we’re committed to providing families in New York City with the resources and legal advocacy they need.

How Our Lawyers Can Help:

• Thoroughly investigate your case to determine liability.
• Work with medical experts to build a strong claim.
• Fight for maximum compensation, whether through settlement or trial.
• Handle all insurance negotiations, paperwork, and deadlines, so you can focus on your child.
• Offer guidance, support, and compassion every step of the way.

Your family doesn’t have to face this battle alone. Contact the Rothenberg Law Firm today at (800) 624-8888 or through our online form to discuss your case during a free, no-obligation consultation. With decades of experience, billions recovered, and a reputation for treating clients like family, we are here to secure justice for you and your child. 

New York City Birth Injury Claims FAQs

We understand that you may have questions about the legal process, what to expect, and how to seek justice for your child. To support you during this difficult time, we’ve compiled answers to some of the most common questions families ask about New York City birth injury claims: