New York State Birth Injury Lawyer

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Finkelstein & Partners, LLP – Winning Serious Injury Lawsuits Since 1959

 

You waited nine months for your baby to arrive. Now something is wrong, and you’re starting to wonder if it should have been prevented. If your child was harmed during pregnancy, labor, delivery, or the hours immediately following birth, and that harm was caused by a medical provider’s negligence, your family has the right to seek justice.

At Finkelstein & Partners, our New York birth injury attorneys have been fighting for seriously injured clients and their families since 1959. We have recovered over $3 billion in compensation for our clients across New York State and beyond. Birth injury malpractice is among the most complex and high-stakes areas of law we handle, and we approach every case with the medical knowledge, legal skill, and personal commitment these families deserve.

What Is a Birth Injury?

Birth trauma refers to a range of injuries that can occur just before, during, or immediately following birth. Some degree of physical stress during delivery is normal, but when a physician, nurse, midwife, or hospital fails to meet the accepted standard of care and that failure causes harm to your baby or to you, that is medical negligence.

Not every difficult birth or unexpected complication rises to the level of malpractice. But when a preventable error leads to a permanent injury, a lifetime disability, or the death of a child, families deserve to understand their legal rights and have experienced birth injury lawyers in their corner.

Signs that a Birth Injury May Have Involved Medical Negligence

Parents often sense that something went wrong, but aren’t sure whether a legal birth injury claim exists. Some warning signs that a birth injury may have resulted from improper medical care include:

• The infant demonstrated poor sucking after birth.
• Seizures developed within 24 to 48 hours of delivery.
• The baby was floppy or unresponsive at birth.
• The baby’s skin was blue or dusky at birth.
• The infant required resuscitation at or shortly after birth.
• A full-term baby did not go home at the same time as the mother.
• There was no indication of trauma or infection during the pregnancy.
• There is no family history of brain damage or neurological conditions.
• The infant had difficulty maintaining body temperature after birth.
• The amniotic sac was ruptured for over 24 hours before delivery.
• Meconium staining was present at the time of delivery.

If any of these factors apply to your situation, contact a New York birth injury attorney at Finkelstein & Partners for a free evaluation. You may be entitled to significant compensation.

Common Causes of Birth Injuries that May Qualify as Medical Malpractice

Our New York birth injury lawyers have handled cases arising from a wide range of medical errors, including:

Failure to Recognize or Respond to Fetal Distress

When oxygen or blood flow is restricted during birth, the attending physician must act quickly. Failure to identify the warning signs on a fetal monitor and respond appropriately, whether by ordering an emergency C-section or using other interventions, can result in permanent brain damage.

Delayed or Improper C-Section Decisions

When a cesarean delivery is medically indicated and the physician delays or refuses to act, the consequences for the baby can be catastrophic. Special techniques or an expedited delivery may be necessary, and when the physician fails to act, he or she may be guilty of medical negligence.

Improper Use of Forceps or Vacuum Extractors

These delivery instruments require significant skill and sound clinical judgment. When used incorrectly or in circumstances where they are not appropriate, they can cause skull fractures, intracranial bleeding, nerve damage, and brain injury.

Shoulder Dystocia Mismanagement

Shoulder dystocia occurs when the infant’s head is delivered normally, but one shoulder becomes lodged under part of the mother’s pelvis. A delivery in which shoulder dystocia occurs is most likely to cause injury to the brachial plexus, resulting in impaired movement of the affected arm. Mismanaging this complication is dangerous to both the mother and the baby.

Medication Errors

Incorrect dosing of Pitocin and other drugs used to stimulate or manage labor can cause uterine hyperstimulation, fetal distress, and injury to both mother and child.

Failure to Diagnose or Treat Maternal Complications

Conditions such as preeclampsia, placental abruption, gestational diabetes, and umbilical cord complications require timely diagnosis and treatment. When providers miss or mismanage these conditions, the results can be devastating.

Infections

Failure to screen for, diagnose, or treat Group B streptococcus and other infections can allow dangerous pathogens to reach the newborn, potentially causing sepsis, meningitis, and permanent neurological damage.

Common Birth Injury Claims Our Birth Injury Attorneys Handle

Finkelstein & Partners represents families in New York State in birth injury cases involving:

Cerebral Palsy

Often caused by oxygen deprivation or brain trauma during birth, cerebral palsy affects motor control, muscle tone, and, in many cases, cognitive development. Cerebral palsy is one of the most common consequences of preventable birth injury.

Hypoxic Ischemic Encephalopathy (HIE)

HIE occurs when the brain is deprived of oxygen and blood flow around the time of birth. It can range from mild to severe and is frequently caused by a failure to respond to fetal distress in time.

Erb’s Palsy and Brachial Plexus Injuries

These nerve injuries typically result from excessive pulling on the baby’s head and neck during delivery. The brachial nerves can also be injured when a baby’s neck and head are drawn to the side as the shoulders exit the birth canal, or when excessive traction is applied to the shoulders as the baby is delivered headfirst. Because Erb’s palsy is caused at birth, it is often immediately apparent, although the full extent of a birth injury may not be known for months.

Brain Damage

Brain damage at birth can result from a lack of oxygen during the birthing process, forceps or vacuum misuse, or an unduly delayed delivery. The damage may range from mild to severe and may require around-the-clock care and support for the child’s entire lifetime.

Kernicterus

A form of brain damage caused by severe, untreated jaundice in newborns, kernicterus is preventable with proper monitoring and treatment. When medical providers fail to act on dangerously elevated bilirubin levels, they may be liable for the resulting harm.

Skull Fractures and Intracranial Hemorrhage

Traumatic delivery, particularly when instruments are improperly used, can cause bleeding in or around the brain with lifelong neurological consequences.

Wrongful Death

When medical negligence causes the death of a newborn or infant, surviving parents may have a wrongful death claim. We handle these cases with the sensitivity and tenacity that grieving families deserve.

What Compensation Can Your Family Recover?

A serious birth injury can require a lifetime of medical care, therapy, and support services. A successful birth injury claim in New York may recover compensation for:

• Past and future medical expenses, including hospitalization, surgeries, rehabilitation, and specialist care
• The cost of assistive devices, home modifications, and ongoing care
• Lost future earning capacity for the child
• Pain and suffering
• Emotional distress experienced by parents and family members
• In wrongful death cases, funeral and burial costs, and the loss of the child’s companionship

Because the financial impact of a serious birth injury can extend for decades, accurate damage calculations are critical. Finkelstein & Partners works with medical economists, life care planners, and board-certified medical experts to ensure no element of your family’s loss goes unaddressed.

Key Legal Considerations for New York Birth Injury Claims

In New York, the standard statute of limitations for medical malpractice is two and a half years from the date of the negligent act. For birth injuries suffered by a minor, however, the clock is generally tolled until the child’s 18th birthday, giving families additional time to pursue a medical malpractice claim. Exceptions and specific circumstances can affect these timelines significantly, so consulting with an attorney promptly is always in your best interest.

Medical Malpractice Claims Against Public Hospitals

If the birth occurred at a public or municipal hospital, such as a New York City Health + Hospitals facility, a Notice of Claim must be filed within 90 days of the birth injury. Missing this window can permanently bar your medical malpractice claim, making early legal consultation essential.

Certificate of Merit

New York requires malpractice plaintiffs to file a certificate of merit confirming that a licensed physician has reviewed the case and supports a finding of negligence. This requirement reinforces the importance of working with a birth injury law firm that has deep relationships with qualified medical experts.

Why Families Choose Finkelstein & Partners

Birth injury cases pit families against well-resourced hospital systems, insurers, and their legal teams. From the moment an adverse outcome occurs, hospital risk management is already working to protect the institution. Your family deserves an equally committed, experienced advocate.

Finkelstein & Partners brings:

• Over 65 years of experience representing seriously injured clients in New York State and beyond
• More than $3 billion recovered in total compensation for our clients
• Established relationships with board-certified physicians in obstetrics, neonatology, neurology, and related specialties
• The resources to fund complex, multi-year litigation without any upfront cost to your family
• A contingency fee structure, meaning you pay nothing unless we win your case

Frequently Asked Questions

 

Contact a New York Birth Injury Attorney for a Free Consultation to Discuss Your Birth Injury Lawsuit

If you believe your child was harmed by medical negligence during pregnancy, labor, or delivery, your family deserves answers and the resources to secure your child’s future. The sooner you act, the stronger your case will be.

Call Finkelstein & Partners today for a free consultation. We serve clients throughout New York State, and we’re available around the clock when you need experienced legal representation the most.