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 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.

Call us today for a free, no obligation consultation.

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:

• 55+ 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 claim may involve physical or neurological harm linked to medical care provided during pregnancy, labor, delivery, or the period immediately after birth. Some complications occur despite appropriate medical care. Others may result when a healthcare provider fails to identify a risk, monitor the mother or baby, respond to warning signs, use delivery instruments safely, perform a timely delivery, or provide appropriate newborn care.

A difficult delivery or serious diagnosis does not, by itself, prove medical malpractice. A birth injury claim generally requires evidence that a healthcare provider departed from the accepted standard of care and that the departure caused or worsened the child’s injury.

How Can Medical Negligence Cause a Birth Injury?

Potentially negligent care can occur during prenatal treatment, labor and delivery, or the immediate newborn period. Determining whether malpractice occurred requires a review of the medical circumstances rather than simply looking at the outcome.

Examples of medical errors that may contribute to a birth injury include:

• Failure to diagnose or manage maternal and fetal conditions: Preeclampsia, gestational diabetes, infection, placental problems, umbilical-cord complications, and other conditions may require additional monitoring or changes to the delivery plan.
• Inadequate delivery planning: Healthcare providers may need to account for fetal size, breech or other abnormal presentation, maternal health conditions, prior delivery complications, and other information that can affect how a child should be delivered.
• Failure to monitor or respond to fetal distress: Providers should evaluate fetal heart-rate information and other clinical signs and take appropriate action when the baby may not be receiving enough oxygen or blood flow.
• Delayed Cesarean section or other necessary intervention: When complications make continued labor unsafe, an unreasonable delay in changing the delivery plan may cause or worsen an injury.
• Improper use of forceps or a vacuum extractor: Assisted-delivery instruments can cause fractures, nerve damage, head trauma, or other injuries when they are used incorrectly or with excessive force.
• Improper response to shoulder dystocia or an obstructed delivery: Excessive pulling or unsafe maneuvers can stretch nerves in the baby’s neck and shoulder or cause other trauma.
• Medication or anesthesia errors: Administering an inappropriate medication or dosage, failing to monitor its effects, or failing to respond to an adverse reaction can endanger the mother and baby.
• Inadequate care immediately after birth: Delayed resuscitation or failure to respond appropriately to breathing problems, seizures, infection, abnormal blood-sugar levels, or other signs of newborn distress may cause additional harm.

None of these circumstances automatically establishes negligence. A meaningful investigation may require prenatal records, fetal-monitoring data, medication and anesthesia records, labor and delivery notes, operative reports, newborn and NICU records, imaging studies, laboratory results, and opinions from qualified medical professionals.

Types of Birth Injuries and Related Conditions

Birth injuries vary widely in cause and severity. Some resolve with treatment, while others may affect a child’s movement, cognition, communication, independence, or quality of life for many years. A diagnosis alone does not establish that malpractice occurred, but the following conditions may warrant further investigation when there are concerns about prenatal, delivery, or newborn care.

• Cerebral palsy: Cerebral palsy is a group of disorders affecting movement, posture, balance, and muscle control. In some cases, it is associated with an injury to the developing brain before, during, or shortly after birth.
• Hypoxic-ischemic encephalopathy and other oxygen-related brain injuries: Hypoxic-ischemic encephalopathy, or HIE, can occur when the baby’s brain receives insufficient oxygen or blood flow. Depending on the extent of the injury, a child may experience seizures, developmental delays, cognitive impairments, cerebral palsy, or other neurological effects.
• Brachial plexus injuries: The brachial plexus is a network of nerves controlling the shoulder, arm, wrist, and hand. Stretching or damaging these nerves can cause weakness, loss of sensation, or partial or complete paralysis. These injuries include Erb’s palsy and Klumpke palsy.
• Intracranial hemorrhage and other brain trauma: Bleeding within or around the brain, brain swelling, or other head trauma may lead to seizures, abnormal muscle tone, developmental difficulties, or permanent neurological impairment.
• Fractures and skull injuries: Difficult or improperly managed deliveries can result in fractures involving the clavicle, arm, shoulder, or skull. The severity and long-term consequences depend on the location and extent of the injury.
• Facial nerve injuries: Pressure or trauma affecting a facial nerve can produce weakness or an uneven facial appearance, particularly when the baby cries. Some nerve injuries resolve, while others may require additional treatment.
• Spinal cord and other peripheral nerve injuries: Although less common, trauma to the spinal cord or other nerves can cause weakness, impaired sensation, breathing complications, reduced mobility, or paralysis.

The full effect of a birth injury may not always be known immediately. Some developmental, cognitive, motor, or communication difficulties become clearer as a child grows. Medical records and evaluations from appropriate specialists can help document the child’s diagnosis, prognosis, treatment needs, and long-term care requirements.

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.
• Drug or medical-device manufacturers: If a defective drug or medical product contributed to the injury, a separate product liability claim may be possible. A product liability claim is legally distinct from a medical malpractice claim and depends on different evidence and legal standards.

A careful investigation can identify the healthcare providers, facilities, companies, or other entities whose conduct may have caused or contributed to the injury. Liability must be supported by the medical records, applicable legal standards, and qualified expert analysis.

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.

What Compensation May Be Available in a New York City Birth Injury Case?

The compensation available in a birth injury case depends on the nature and severity of the child’s injuries, the treatment and support the child is expected to need, the parties bringing the claims, and the available evidence.

Recoverable damages may include:

• Past and future medical care: Hospital treatment, physician care, surgery, medication, diagnostic testing, and specialist appointments.
• Therapy and rehabilitation: Physical, occupational, speech, behavioral, and developmental therapies.
• Nursing and attendant care: In-home nursing, personal-care assistance, respite services, or other support required because of the injury.
• Assistive and adaptive equipment: Wheelchairs, braces, communication devices, positioning equipment, and other medically necessary technology.
• Home or vehicle modifications: Changes needed to improve accessibility, mobility, and safety.
• Educational and developmental services: Specialized instruction, tutoring, therapy, and other support tailored to the child’s needs.
• Loss of future earning capacity: Compensation for the effect a permanent injury may have on the child’s ability to work and earn income as an adult.
• Pain, suffering, and loss of enjoyment of life: Compensation for the physical pain, limitations, disability, and non-economic effects experienced by the child.
• Certain parent- or guardian-incurred losses: Parents or guardians may have separate claims for particular expenses or derivative losses when New York law permits recovery.

The child’s claim and any claims belonging to the parents are legally distinct. An attorney can work with medical professionals, life-care planners, economists, and other specialists to assess the child’s expected needs and identify the damages supported by the evidence.

What Is the Statute of Limitations for a New York Birth Injury Claim?

Most New York medical malpractice actions must be commenced within two years and six months of the act, omission, or failure being challenged, or from the end of continuous treatment for the same illness, injury, or condition when the continuous-treatment rule applies.

Different rules may apply to a claim belonging to an injured child. New York’s infancy toll may extend the time available to commence the child’s medical malpractice action, but the extension generally cannot continue beyond 10 years after the claim accrued. This does not mean that every family has 10 years to act, and it is not the same as saying that a lawsuit can always be filed until the child turns 10.

The child’s claim and the parents’ individual claims may also have different deadlines. In addition, a claim involving NYC Health + Hospitals, another public hospital, or a municipal healthcare provider may require a notice of claim within 90 days and compliance with other special procedures.

Because the correct deadline depends on when the alleged malpractice occurred, whose claim is being asserted, whether continuous treatment applies, and whether a public entity is involved, families should obtain a case-specific evaluation as soon as possible.

How Much Does a NYC Birth Injury Attorney Cost?

The Rothenberg Law Firm offers free initial consultations and handles birth injury cases on a contingency-fee basis. This means that you do not pay an attorney’s fee unless the firm obtains compensation for your family.

In New York medical malpractice matters, contingency fees are governed by state law and are generally calculated under a statutory sliding scale based on the net recovery. Your written retainer agreement should explain how the attorney’s fee will be calculated and how litigation expenses and disbursements will be handled.

Discussing a potential case with the firm does not obligate you to proceed with a claim.

Contact Our Trusted New York City Birth Injury Lawyers Today

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 (866) 771-4988 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. 

Call us today for a free, no obligation consultation.

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:

How long does a birth injury case take?

The timeline for a birth injury case varies. Some cases settle within months, while others may take years if they go to trial. Factors such as the complexity of the injury and the willingness of the defense to negotiate can impact timelines.

What if I don't know if my child's birth injury was caused by negligence?

If you're unsure whether your child's injury was related to negligence, our attorneys can investigate. We consult medical experts to determine if a breach in care contributed to your child's condition.