Birth Injuries – New York Personal Injury Lawyers 91原创视频#38; Aspromonte Associates LLP Fri, 05 Sep 2025 20:42:51 +0000 en-US hourly 1 https://wordpress.org/?v=6.9.4 /wp-content/uploads/2025/01/favicon-150x150.webp Birth Injuries – New York Personal Injury Lawyers 32 32 Birth Injuries in NYC: Legal Options & Proactive Planning for New Parents in 2025 /blog/birth-injuries-in-nyc-legal-options-proactive-planning-for-new-parents-in-2025/ /blog/birth-injuries-in-nyc-legal-options-proactive-planning-for-new-parents-in-2025/#respond Fri, 05 Sep 2025 20:42:51 +0000 /?p=3473 By Douglas Hoffer, Partner. Reviewed by Daniel P. Smith, Esq. Last updated: Navigating a birth injury in NYC requires informed legal action and understanding of your rights under New York Law. This guide empowers new parents with the insights they need to secure their child’s future following a birth injury. Learn to identify medical negligence, […]

The post Birth Injuries in NYC: Legal Options & Proactive Planning for New Parents in 2025 appeared first on New York Personal Injury Lawyers.

]]>
By Douglas Hoffer, Partner. Reviewed by Daniel P. Smith, Esq. Last updated:

Navigating a in NYC requires informed legal action and understanding of your rights under New York Law. This guide empowers new parents with the insights they need to secure their child’s future following a birth injury.

Learn to identify medical negligence, understand statutory requirements, and take decisive action within applicable legal deadlines. Our attorneys have decades of combined experience advocating for injured New Yorkers and understand New York’s medical malpractice statutes.

Read time: 12-minute read.

What are Birth Injuries and What Causes Them?

Birth injuries represent preventable physical harm to newborns during labor or delivery. These injuries are distinct from congenital disabilities because birth injuries are preventable and caused by medical negligence.

Common causes include improper use of forceps or vacuum extractors, failure to monitor fetal distress, oxygen deprivation (hypoxia/anoxia), mismanaged shoulder dystocia, and delayed cesarean sections. These incidents often result in conditions such as cerebral palsy, Erb’s palsy (brachial plexus injury), brain damage, or fractures.

Why Legal Options Matter for New Parents in NYC in 2025

Legal action secures compensation for medical expenses, ongoing therapy, adaptive equipment, lost earning capacity, and pain and suffering.

New York’s no-fault insurance system under provides some coverage, but birth injury cases typically require the pursuit of additional remedies through medical malpractice claims to address long-term needs fully.

Some birth injury cases result in multi-million-dollar settlements to cover lifelong care. Our firm has secured results like this by proving clear negligence, supported by expert testimony and extensive documentation.

How to Pursue a Birth Injury Claim: A 5-Step Guide

Step 1: Secure Your Child’s Medical Records & Expert Review

Under , parents have absolute rights to their child’s medical records. Immediately request complete prenatal, labor, delivery, and postnatal records from all healthcare providers.

These documents form the evidentiary foundation of your claim. A specialized birth injury attorney will arrange an independent medical expert review to identify deviations from accepted standards of care.

An analysis of these documents will help your lawyer determine if a medical professional deviated from an acceptable standard of care. If they have, they can be held liable for their negligence.

Tool: (compliant with and NYS health privacy laws)

Pro Tip: Request records from all providers, including consulting physicians, nursing staff, and laboratory services.

Step 2: Understand New York’s Statute of Limitations

establishes strict deadlines for medical malpractice claims. Birth injury lawsuits generally must be commenced within a limited time frame from the alleged malpractice or the end of continuous treatment for the same condition.

For minors, tolls the statute of limitations until the child turns 18. Once the toll ends, the child typically has up to three years to bring the claim, depending on the underlying statute of limitations. However, in medical malpractice cases, the law caps the toll at 10 years from the date of the injury.

Pro Tip: New York’s “continuous treatment” rule may extend deadlines if your child receives ongoing care from the same provider, but documentation is essential.

Step 3: Proving Medical Negligence and Causation

To prove a birth injury or medical malpractice claim in New York, plaintiffs must establish the following legal elements:

  • Duty of care: A legal obligation arising from the provider鈥損atient relationship.
  • Breach of duty: A failure to meet the accepted standard of medical care.
  • Causation: Proof that the breach was a substantial factor in causing the injury.
  • Damages: Evidence of harm, such as physical injury, disability, medical expenses, or lost earning capacity.

These cases typically require expert medical testimony to define the standard of care and explain how the provider鈥檚 conduct caused the injury. Testifying experts often include obstetricians, neurologists, and other specialists.

Pro Tip: Maintain detailed daily logs of your child’s symptoms, developmental progress, and care needs to strengthen causation arguments.

Step 4: Calculating Damages for Lifelong Care

Putting a dollar amount on what your family has endured can feel overwhelming. Damages cover much more than just current medical bills. Families may face decades of care, education, and lifestyle adjustment costs. These costs add up quickly in New York City, where long-term support is exceptionally costly.

Here are key factors that influence your potential compensation:

  • Past and future medical expenses (e.g., hospital stays, surgeries, therapy)
  • Lifelong care needs (e.g., home health aides, specialized equipment)
  • Lost future earnings (if the child will be unable to work as an adult)
  • Special education or private schooling
  • 91原创视频 modifications or relocation needs
  • Pain and suffering for both the child and family
  • Loss of enjoyment of life

Documenting these costs early allows your legal team to build a strong and realistic demand for full compensation.

Step 5: Litigation, Settlement, and Trial Readiness

Most birth injury cases settle before trial鈥攂ut only after defendants see the strength of the claim. New York’s enable extensive investigation, including depositions of all involved medical personnel.

Settlement discussions usually begin after discovery. If no fair resolution is reached, medical malpractice trials in New York are presented to a jury of six members, as outlined in .

Pro Tip: Insurance carriers often reserve their best offers until just before trial. Don鈥檛 accept lowball settlements too early.

Real Case Impact: $50 Million Settlement for Anesthesia Malpractice

Our firm secured a $50 million settlement for a four-year-old boy who suffered catastrophic brain damage after an uncertified nurse administered a fatal overdose of anesthesia during a routine eyelid procedure.

The hospital had outsourced its anesthesia services to a third-party company that prioritised profits over patient safety by employing underqualified staff. The nurse anesthetist administered an overdose of halothane, causing cardiac arrest. The team鈥檚 failure to respond promptly left the child without oxygen for fifteen minutes.

The resulting brain damage was permanent, leading to severe cognitive impairment. Our client had to relearn basic functions like walking and talking.

Although the defendants denied liability and blamed a pre-existing condition, we presented five weeks of evidence at trial. Moments before jury deliberations, the defence agreed to settle for $50 million. This settlement ensures the child has the resources for lifelong care, loss of future earnings, and ongoing pain and suffering.

3 Common Mistakes New Parents Make After a Birth Injury

Mistake 1: Delaying Legal Advice

Every claim has a deadline. Early legal guidance helps preserve your rights and gather critical evidence before it鈥檚 lost or altered.

Mistake 2: Trusting Hospitals to Fully Disclose

Hospitals are only legally required to release minimal information. Always request your child鈥檚 full labor and delivery records and seek an independent expert review.

Mistake 3: Underestimating Lifetime Costs

The financial toll of a birth injury can span decades. Rushing into a low settlement without projecting long-term costs may leave your family under-supported in the future.

Attorney Perspective 鈥 Protecting Your Child’s Future

“The emotional toll of a birth injury is immense, but equally critical is comprehensive financial planning for your child’s future,” says an experienced personal injury attorney. “Especially as families navigate increased care needs during summer months or school transitions, adopting a proactive legal stance is paramount. Leading firms prioritise early case evaluation and comprehensive life care planning, ensuring families don’t face these burdens alone.”

Timely legal action, combined with expert medical and economic testimony, has helped families recover substantial funds to support lifelong care.

Frequently Asked Questions

  • What legally constitutes a birth injury under New York law?
    A birth injury is physical harm during labour or delivery due to negligence 鈥 including conditions like cerebral palsy or Erb鈥檚 palsy.
  • How long do I have to file a birth injury lawsuit in New York?
    Most claims must be filed within a specific period per CPLR 搂 214-a, but the timeline may be tolled for minors under CPLR 搂 208. Prompt legal advice is crucial.
  • What compensation can I recover?
    Recoverable damages may include medical bills, long-term care, lost earning capacity, pain and suffering, and emotional distress.
  • Can I sue if my doctor missed a pregnancy complication?
    Yes, if the oversight constitutes medical malpractice and caused preventable harm to your child.
  • How do experienced birth injury attorneys help?
    They provide expert medical reviews, legal strategy, and compassionate support鈥攂uilding strong cases for maximum compensation.
  • Are there damage caps for birth injury cases in New York?
    No. Unlike other states, New York does not cap medical malpractice damages.
  • What if the birth injury happened at a public hospital?
    Claims against public hospitals require compliance with New York General Municipal Law 搂 50-e, including strict notice timelines.

Conclusion

Facing a birth injury is overwhelming鈥攂ut knowing your legal rights under New York law can help protect your child鈥檚 future. You don鈥檛 have to navigate this journey alone. The right legal team can provide not just advocacy, but reassurance and clarity during one of life鈥檚 most difficult challenges.

Contact our birth injury attorneys today for a free, confidential consultation.

This article is for informational purposes only and does not constitute legal advice. Consult with a qualified New York birth injury attorney for guidance specific to your case.

Key Legal Citations

  • 鈥 Statute of limitations for medical malpractice claims
  • 鈥 Tolling of limitations period due to infancy
  • 鈥 Patient access to medical records
  • 鈥 Definitions under New York鈥檚 no-fault insurance system
  • 鈥 Notice of claim requirements for lawsuits against public hospitals
  • 鈥 Civil discovery procedures
  • 鈥 Jury composition rules in civil malpractice trials

External Resources

  • 鈥 Access healthcare facility data, regulatory guidance, and patient rights
  • 鈥 Case lookup tools, court forms, and procedures
  • 鈥 Clinical guidelines and standards for obstetric care
  • 鈥 Advocacy, support services, and family education for brain injuries

The post Birth Injuries in NYC: Legal Options & Proactive Planning for New Parents in 2025 appeared first on New York Personal Injury Lawyers.

]]>
/blog/birth-injuries-in-nyc-legal-options-proactive-planning-for-new-parents-in-2025/feed/ 0
Closer to Whole: Recovering in a Birth Injury Action /blog/closer-to-whole-recovering-in-a-birth-injury-action/ /blog/closer-to-whole-recovering-in-a-birth-injury-action/#respond Fri, 13 Dec 2024 10:03:15 +0000 /closer-to-whole-recovering-in-a-birth-injury-action/ Is there any sort of medical malpractice lawsuit that鈥檚聽苍辞迟听extremely emotionally taxing? Probably not 鈥 but birth injury lawsuits are arguably among the most traumatic type of personal injury claim. If you鈥檙e a parent seeking to recover in a birth injury action, knowing what you鈥檙e in for, and finding the right New York birth injury attorney, […]

The post Closer to Whole: Recovering in a Birth Injury Action appeared first on New York Personal Injury Lawyers.

]]>
Is there any sort of medical malpractice lawsuit that鈥檚聽苍辞迟听extremely emotionally taxing? Probably not 鈥 but birth injury lawsuits are arguably among the most traumatic type of personal injury claim. If you鈥檙e a parent seeking to recover in a birth injury action, knowing what you鈥檙e in for, and finding the right New York birth injury attorney, can make the process a bit more bearable 鈥 and much more likely to succeed.

As a preliminary matter, it鈥檚 important to distinguish between a birth聽injury聽and a birth聽defect. A birth injury occurs due to a complication during the labor or delivery process. A birth defect, on the other hand, typically involves harm to a baby that arose prior to birth, either due to a genetic mutation or to an event occurring during the mother鈥檚 pregnancy. In many cases, birth defects are not a result of anyone鈥檚 negligence.

For a free legal consultation, call聽(212) 540-2984

How do you prove a birth injury claim? The bottom line: birth injury actions are a type of medical malpractice lawsuit, and medical malpractice lawsuit is simply a specific type of negligence claim. That means that in a birth injury action, as in any negligence case, you鈥檒l be required to prove the four elements of negligence: (1) there existed a duty of care; (2) the doctor, hospital, or other medical professional breached that duty of care; (3) that breach of duty caused injury; and (4) damages resulted.

Thus, while birth injury claims are extremely fact-intensive, regardless of the circumstances of your particular case, you鈥檒l first be required to prove that a doctor or other medical professional failed to provide you or your infant with adequate medical care. In order to do that, you鈥檒l need to show that the doctor鈥檚 conduct fell below a generally accepted standard of medical care.

Click to contact聽our personal injury lawyers today

Establishing the requisite standard of care typically entails retaining a qualified medical expert. The medical expert will help prove that defendant failed to meet their standard of care. An experienced聽New York City birth injury lawyer聽can help you find a qualified medical expert to assist in proving your case.

Complete a聽Free Case Evaluation form聽now

That takes care of the first two negligence elements, duty and breach of duty. In getting your head around a birth injury claim, it can be easier to consider the third and fourth negligence factors, causation and damages, in reverse. It鈥檚 often quite apparent that an injury and damages occurred; the more critical issue in your birth injury lawsuit is likely to be whether those damages were the legal or 鈥減roximate鈥 cause of those injuries. Keep in mind that, given the complex nature of birth injury claims, an investigation into causation may take anywhere from six months to a year to complete.

What are some instances in which a doctor or hospital is considered to have 鈥渃aused鈥 a birth-related injury? Some examples include where a doctor neglects to properly monitor the baby鈥檚 oxygen levels both before and after birth, resulting in brain damage or other injury, or where a doctor inappropriately decides to induce a premature delivery, causing injury to the newborn. Conditions like cerebral palsy may also be caused by negligence during delivery.

Finally comes the fourth element: damages. Naturally, monetary damages can never make a parent or injured child truly 鈥渨hole,鈥 since, all too clearly, financial recompense will never be equivalent to having a healthy newborn child. That being said, damages available in a birth defect case involving a doctor鈥檚 negligence include medical expenses, the cost of an injured child鈥檚 ongoing physical rehabilitation, the cost of addressing an injured child鈥檚 developmental needs, and damages for loss of enjoyment of life, pain and suffering, and emotional distress.

And time is of the essence in a birth injury lawsuit. In New York, the statute of limitations for medical malpractice is聽 two and a half years. Ordinarily, New York law 鈥渇reezes鈥 that statutory limitation period for infants, so that the limitation period will not begin to run until until the infant reaches the age of 18. New York also makes an exception, however, for birth injury actions. Under New York law, the infancy toll in a birth injury lawsuit cannot exceed ten years, meaning that, generally, any claim for a child鈥檚 birth injury must be filed before the child reaches the age of ten.

Obviously, parents of a child suffering from a severe birth injury have their hands full. Finding the right New York birth injury lawyer is key to navigating the complex medical and legal issues of a birth injury claim, and, as mentioned, many personal injury lawyers in NYC offer free consultations. An experienced New York birth injury attorney will also help you make sure that you file your case within the applicable statute of limitations period and comply with other statutory deadlines. The sooner you retain an experienced birth injury attorney, the sooner you鈥檒l be able to turn your focus back to where it belongs: caring for your newborn child.

Get the compensation you deserve鈥攐ur attorneys are ready to help. We have helped clients obtain justice and compensation in a variety of personal injury cases, such as car accidents, construction accidents, wrongful death, and severe injuries.

Call or text聽(212) 540-2984聽or complete a聽Free Case Evaluation form

The post Closer to Whole: Recovering in a Birth Injury Action appeared first on New York Personal Injury Lawyers.

]]>
/blog/closer-to-whole-recovering-in-a-birth-injury-action/feed/ 0
What Causes Cerebral Palsy? /blog/what-causes-cerebral-palsy/ /blog/what-causes-cerebral-palsy/#respond Fri, 13 Dec 2024 09:35:35 +0000 /what-causes-cerebral-palsy/ Some cases of cerebral palsy (CP) are genetic, which may be the reason that many parents of children born with cerebral palsy don鈥檛 think to look further for a cause. Cerebral palsy is often assumed to be a birth defect when in truth it is frequently the result of a birth injury. This confusion may […]

The post What Causes Cerebral Palsy? appeared first on New York Personal Injury Lawyers.

]]>
Some cases of cerebral palsy (CP) are genetic, which may be the reason that many parents of children born with cerebral palsy don鈥檛 think to look further for a cause. Cerebral palsy is often assumed to be a birth defect when in truth it is frequently the result of a birth injury. This confusion may be aggravated by the fact that cerebral palsy is described as 鈥渃ongenital鈥 whenever the condition results from brain damage sustained before or during birth, regardless of the cause. The most common birth-injury-related cause of cerebral palsy is oxygen deprivation.

If your baby has been diagnosed with cerebral palsy, you owe it to yourself and your child to investigate the cause. At present, the medical profession has not identified a cure for cerebral palsy, and the condition may require lifelong care. If your child suffers from cerebral palsy due to negligence during pregnancy or birth, talk to an experienced聽New York cerebral palsy lawyer聽about how you may be able to secure compensation to help provide for medical care and other accommodations.

What is Cerebral Palsy?

According to the Centers for Disease Control and Prevention (CDC),聽cerebral palsy is the most common motor disability among children, affecting approximately one in 323 children. 聽The seriousness of symptoms varies significantly.

For a free legal consultation, call聽(212) 540-2984

Symptoms of Cerebral Palsy

Some of the most common symptoms of cerebral palsy include:

  • Impaired motor function
  • Stiff muscles
  • Spasticity
  • Difficulty walking
  • Drooling or difficulty swallowing
  • Delays in speech development
  • Seizures

Diagnosis of cerebral palsy can be complicated and may be delayed, as different degrees and mixes of symptoms present in different children, and some symptoms are not readily identifiable in babies. The brain injury that causes the condition may lead to other neurological problems, including trouble with vision and hearing, increased pain sensitivity and psychiatric disorders.

Treatment of Cerebral Palsy

The treatment for cerebral palsy varies significantly depending on symptoms and severity. In serious cases, surgery may be required to reposition limbs, adjust joints or lengthen muscles and tendons. More commonly, cerebral palsy will be managed with a combination of medications and therapy. Medications are commonly used to:

  • Manage pain
  • Control symptoms of spasticity
  • Relax muscles
  • Lesson motor function impairment

Therapies are often required for:

  • Strength
  • Flexibility
  • Balance
  • Speech and language

Therapy is also used to help the child adapt to equipment that will allow him or her a greater degree of independence.

Click to contact聽our personal injury lawyers today

Talk to a New York Cerebral Palsy Lawyer

A child suffering from cerebral palsy may require lifelong care, ranging from surgery to medication, therapy, and the use of medical equipment such as leg braces or a wheel chair. Providing the best care for your child means making use of all of the resources at your disposal. If you believe that your child鈥檚 cerebral palsy may be the result of a birth injury or a mistake made by your doctor during pregnancy, consult with a New York cerebral palsy lawyer.

Take advantage of a free consultation to learn more about your rights and whether a medical professional may be legally responsible for your child鈥檚 condition. Just call聽212-540-2984聽or fill out the contact form on this page to schedule a free consultation.

Protect your rights鈥攕chedule a consultation with our personal injury attorneys. We have helped clients obtain justice and compensation in a variety of personal injury cases, such as car accidents, construction accidents, wrongful death, and severe injuries.

Call or text聽(212) 540-2984聽or complete a聽Free Case Evaluation form

The post What Causes Cerebral Palsy? appeared first on New York Personal Injury Lawyers.

]]>
/blog/what-causes-cerebral-palsy/feed/ 0
Caring for a Child with Erb鈥檚 Palsy /blog/caring-for-a-child-with-erbs-palsy/ /blog/caring-for-a-child-with-erbs-palsy/#respond Wed, 11 Dec 2024 12:02:11 +0000 /caring-for-a-child-with-erbs-palsy/ When your child has suffered a birth injury or you discover that your baby has a serious medical problem, your first concern will be providing the care the child needs and to enhance his or her quality of life. You鈥檒l be wrapped up in finding out what type of medical care will be required, and […]

The post Caring for a Child with Erb鈥檚 Palsy appeared first on New York Personal Injury Lawyers.

]]>
When your child has suffered a birth injury or you discover that your baby has a serious medical problem, your first concern will be providing the care the child needs and to enhance his or her quality of life. You鈥檒l be wrapped up in finding out what type of medical care will be required, and what limitations your child may face. The reason for the injury may be the furthest thing from your mind. However, knowing whether a third party is responsible for the injury can play an important role in giving your child the best life possible.

What is Erb鈥檚 Palsy?

Erb鈥檚 palsy is a temporary or permanent paralysis caused by damage to a bundle of nerves in the shoulder, called the brachial plexus. Telltale signs include:

  • arm hanging loose from the shoulder
  • limited mobility of the arm
  • unusual positioning of the arm (especially held close to the body)
  • pain
  • a decreased ability to grip objects
  • loss of feeling and reduced or absent reflexes

Of course, some of these signs may not be immediately apparent in an affected infant, who will not be trying to grip objects shortly after birth and cannot communicate information about pain or reduced sensation.

What Causes Erb鈥檚 Palsy?

Erb鈥檚 palsy is not a condition that occurs naturally. Rather, it results from an injury to shoulder nerves. Such an injury during birth is fairly common, occurring 1 or 2 of every 1,000 live births. While this type of injury occasionally occurs during a birth by Caesarian section, it is more commonly associated with excessive pulling during the birth. In that situation, or during a breech birth where the arms are positioned over the head, stretching of the shoulder nerves may occur.

Can Erb鈥檚 Palsy be Treated?

Fortunately, the majority of brachial plexus injuries are relatively short-lived, and the baby recovers and full range of motion is restored within weeks or months. In many cases, recovery is aided by gentle massage, range of motion exercises, or even a course of physical therapy. In more serious cases, surgical intervention may be required.

The degree to which treatment is successful varies, and some children affected by Erb鈥檚 palsy will suffer long-term, or even permanent, limitations.

How Can an Erb鈥檚 Palsy Lawyer Help?

Understanding your child鈥檚 medical condition and the type of treatment and assistance required is just the first step. Surgery, long-term treatment, ongoing physical therapy and lifestyle adaptations to help your child recover to the degree possible and live a good life can be expensive and time-consuming.

If Erb鈥檚 palsy is the result of a birth injury, you may have a medical malpractice claim against the obstetrician, the hospital, or other medical personnel. Investigating who was responsible for the injury and pursuing fair compensation will help you to provide your child with the care he or she needs to live with the lasting effects of Erb鈥檚 palsy.

Complete a聽Free Case Evaluation form聽now

Talk to an Erb鈥檚 Palsy Lawyer as Soon as Possible

Although you may have a little over two years to file a medical malpractice case, delaying legal action is never in your best interest. Instead of waiting, speak with a聽birth injury attorney in NYC聽now to learn how we can help you secure the funds necessary to care for your injured child. Call us at聽(212) 732-2929聽or fill out the contact form on this page to get started.

Our attorneys are skilled in representing clients in cases of wrongful death, car accidents, and construction accidents.

Call or text聽(212) 732-2929聽or complete a聽Free Case Evaluation form

The post Caring for a Child with Erb鈥檚 Palsy appeared first on New York Personal Injury Lawyers.

]]>
/blog/caring-for-a-child-with-erbs-palsy/feed/ 0
Could the delivering doctor have caused your child鈥檚 cerebral palsy? /blog/could-the-delivering-doctor-have-caused-your-childs-cerebral-palsy/ /blog/could-the-delivering-doctor-have-caused-your-childs-cerebral-palsy/#respond Wed, 11 Dec 2024 09:17:21 +0000 /could-the-delivering-doctor-have-caused-your-childs-cerebral-palsy/ Cerebral palsy is a movement disorder that frequently appears during early childhood.聽 Symptoms vary from patient to patient and may include an inability to think or reason properly.聽 The disorder has a number of causes, including damage to the child during birth, exposure of the pregnant mother to certain substances, infections in the pregnant mother, […]

The post Could the delivering doctor have caused your child鈥檚 cerebral palsy? appeared first on New York Personal Injury Lawyers.

]]>
Cerebral palsy is a movement disorder that frequently appears during early childhood.聽 Symptoms vary from patient to patient and may include an inability to think or reason properly.聽 The disorder has a number of causes, including damage to the child during birth, exposure of the pregnant mother to certain substances, infections in the pregnant mother, and premature birth.聽 If your聽child suffers聽from this disorder and you think something may have happened during pregnancy or delivery you need seek the help of an experienced New York cerebral palsy attorney to evaluate your case.

An individual with cerebral palsy may require care for his or her entire life depending on the severity of the disorder.聽 If you have a child with this disorder you have doubtless already experienced the complications of providing this care on a daily basis.聽 Depending on how this disorder developed in your child, you may be entitled to receive help with your expenses and the lost wages you have suffered as a result of providing care.

For a free legal consultation, call聽(212) 732-2929

Given the numerous possible causes for this disorder and the complexity of determining how your child developed cerebral palsy, you owe it to yourself and to your child to speak with an experienced New York Cerebral Palsy Lawyer who can help you determine what your course of action should be.聽 If the delivering doctor or the hospital contributed to the situation they should be required to compensate you for your expenses and your troubles.聽 Contact us today to see what your options may be.

Since this disorder has so many potential causes, determining how your child developed cerebral palsy is complex. But by speaking with an experienced聽NY birth injury lawyer, you can determine the most effective course of action for your case. Contact us now to see what your options may be.

Whether you鈥檙e dealing with injuries from a car accident, construction accidents, or a wrongful death case, our attorneys are here to provide compassionate support.

Call or text聽(212) 732-2929聽or complete a聽Free Case Evaluation form

The post Could the delivering doctor have caused your child鈥檚 cerebral palsy? appeared first on New York Personal Injury Lawyers.

]]>
/blog/could-the-delivering-doctor-have-caused-your-childs-cerebral-palsy/feed/ 0
Recognizing and Addressing NYC Birth Injuries /blog/recognizing-and-addressing-nyc-birth-injuries/ /blog/recognizing-and-addressing-nyc-birth-injuries/#respond Wed, 11 Dec 2024 06:55:07 +0000 /recognizing-and-addressing-nyc-birth-injuries/ By聽91原创视频#38; AspromonteDecember 22, 2016 Birth injuries are more common than you may realize. Birth trauma injuries occur in about seven of 1,000 births in the United States. As a rate, that doesn鈥檛 sound high, but in real numbers it means that more than 500 infants each week suffer an injury at birth. In most […]

The post Recognizing and Addressing NYC Birth Injuries appeared first on New York Personal Injury Lawyers.

]]>
By聽91原创视频amp; AspromonteDecember 22, 2016

Birth injuries are more common than you may realize. Birth trauma injuries occur in about seven of 1,000 births in the United States. As a rate, that doesn鈥檛 sound high, but in real numbers it means that more than 500 infants each week suffer an injury at birth. In most cases, these injuries were avoidable, and occur as the result of聽medical malpractice.

Some types of birth injury are immediately obvious, or are signaled by symptoms that let parents and doctors know right away that further investigation is required. Some of these include:

  • A bluish cast to the skin, indicating oxygen deprivation
  • Hematoma
  • Oddly positioned or unmoving limbs

However, recognizing birth injuries is often more difficult, and sometimes will not occur immediately after birth. An infant can鈥檛 tell you he鈥檚 in pain or what hurts, and there are many possible reasons that a baby might be fussy. Further, some types of injury emerge only as a child grows older and mental or physical development does not keep pace with expectations. By that time, many parents do not recognize that those symptoms could be tied to incidents that occurred at birth.

Birth Injuries that May Not be Immediately Identified

  • Brain Injuries at Birth:聽In many cases, there are signs that point to a possible brain injury, such as physical damage to or malformation of the head or signs of oxygen deprivation. However, brain injuries sometimes remain undetected at the outset. For example, an infant with a brain bleed may not exhibit any symptoms immediately.
  • Erb鈥檚 Palsy:聽Erb鈥檚 Palsy, more technically described as brachial plexus injury, is one of the most common birth injuries. Damage to the nerve in the shoulder may cause pain, or may cause a loss of sensation. The arm may be oddly positioned, or the baby may be unable to move the arm. This condition may lead to lifelong limitations on use of the arm.
  • Broken Bones:聽About one in 1,000 infants suffer a broken bone during delivery. Some of the most common include the clavicle and the femur. Though some of these injuries are immediately apparent, they are often not detected until after parents have taken the child home from the hospital and begin to notice pain, difficulty in movement of a limb or other symptoms.

For a free legal consultation, call聽(212) 540-2984

Advocate for Your Child if You Suspect a Birth Injury

You rely on the medical professionals who deliver and care for your infant, and you may be reluctant to push too hard if the doctor seems unconcerned. However, if you suspect that your baby is having difficulties after birth, it is critical that you do not dismiss those concerns too lightly. If your baby was injured at birth and the injury went undetected then, you should not assume that it will be detected in brief examinations shortly after birth.

While the doctors and nurses have medical training, you are the one observing your baby on a regular basis and may notice something that is not apparent in a 15-minute consultation. If your concerns are dismissed, consider seeking a second opinion.

Get the Right Legal Advice after a Birth Injury

Advocating to ensure that your child is properly diagnosed and treated is only part of the battle. Many birth injuries cause lifelong limitations or require lifelong medical care. If your child has suffered a serious birth injury, you should speak with an experienced New York birth injury lawyer as soon as possible, to learn more about how to ensure that you have the resources necessary to provide appropriate care for your child.

You can schedule a free consultation right now by dialing (212) 540-2984 or filling out the contact form on the right-hand side of this page.

Our skilled personal injury attorneys have represented clients in cases involving car accidents, construction accidents, severe injuries, wrongful death, and other serious incidents.

Call or text聽(212) 540-2984聽or complete a聽Free Case Evaluation form

The post Recognizing and Addressing NYC Birth Injuries appeared first on New York Personal Injury Lawyers.

]]>
/blog/recognizing-and-addressing-nyc-birth-injuries/feed/ 0
Is Erb鈥檚 Palsy Permanent? /blog/is-erbs-palsy-permanent/ /blog/is-erbs-palsy-permanent/#respond Mon, 09 Dec 2024 13:51:15 +0000 /is-erbs-palsy-permanent/ Erb鈥檚 palsy is a relatively common condition in newborns. Statistics vary, but most show that Erb鈥檚 palsy occurs in at least 1 in 1,000 live births in the United States. The seriousness of the condition varies: some cases resolve fairly quickly, while others cause lifelong impairment. Although the severity of the injury and duration of […]

The post Is Erb鈥檚 Palsy Permanent? appeared first on New York Personal Injury Lawyers.

]]>
Erb鈥檚 palsy is a relatively common condition in newborns. Statistics vary, but most show that Erb鈥檚 palsy occurs in at least 1 in 1,000 live births in the United States. The seriousness of the condition varies: some cases resolve fairly quickly, while others cause lifelong impairment. Although the severity of the injury and duration of the symptoms depends聽partly on the seriousness of the original injury, how the injury is treated can make a considerable difference in the long-term outcome.

What is Erb鈥檚 Palsy?

Erb鈥檚 palsy is a type of聽brachial plexus palsy. The brachial plexus is a bundle of nerves that runs between the spinal cord and the arm. This network of nerves controls the shoulder, arm, hand, and fingers. These nerves may be injured during the birth process, when the infant鈥檚 neck is bent too far, the arm is pulled on, or the shoulder catches during delivery, causing strain or requiring pulling to free the child and continue the delivery process.

Erb鈥檚 palsy is also sometimes referred to by other names, including:

  • Brachial plexus injury
  • Brachial plexus birth palsy
  • Erb 鈥 Duchenne palsy

If the nerves are simply 鈥渟hocked,鈥 the injury typically recovers with time. 聽While every case is different, parents of a child whose brachial plexus suffered a shock during delivery can generally expect the infant to recover in a few months. However, if the nerves are stretched or torn, the prognosis may be less encouraging.

Stretched nerves may develop scar tissue, meaning that recovery may be incomplete. Tears may result in serious long-term injury, including:

  • Pain
  • Inability to move arm or shoulder
  • Lack of feeling in the hand or arm
  • Weak or non-existent reflexes
  • Arm hanging loose

If untreated, the condition can also result in muscle atrophy.

For a free legal consultation, call聽(212) 732-2929

Who is Responsible for Erb鈥檚 Palsy?

Often, a brachial plexus injury sustained during birth is the result of medical malpractice. The circumstances leading to the injury may range from a physician failing to anticipate issues that arise during the birth to delivery-room personnel applying too much force when adjusting or pulling on the infant. Just as significantly, medical staff often fail to diagnose Erb鈥檚 palsy in a timely manner, or do not disclose the injury to parents.

As experienced聽New York City birth injury lawyers, we know that parents are often in a difficult situation when a child has been injured during the delivery process. It can be difficult for parents to identify a brachial plexus injury, since a newborn isn鈥檛 able to communicate that he or she is in pain and hasn鈥檛 yet established any norms that will allow parents to readily recognize that something is wrong.

Maximizing Your Child鈥檚 Chances for Recovery from Erb鈥檚 Palsy

Early treatment is the best weapon against long-term pain and limitations. Thus, it is important that both medical professionals and parents be alert to the signs and symptoms of brachial plexus injury and follow up promptly. Some signs parents may recognize include:

  • The child not moving one arm
  • The arm resting in an odd position, such as turned inward
  • Crying when one arm or shoulder is touched or moved
  • Failure to respond to touch on one hand or arm

Early intervention can mean the difference between a slight disability and long-term paralysis of the arm or other serious long-term effects. If you have reason to believe that your child may be suffering from a brachial plexus injury, call it to the doctor鈥檚 attention as soon as possible. If the physician who delivered the child or another in the same practice downplays the symptoms, but you believe that your child has been injured, do not hesitate to seek an outside opinion.

Click to contact聽our personal injury lawyers today

Fully Protecting Your Child May Mean Seeking Legal Representation

If your child has suffered a serious brachial plexus injury, or the injury has been aggravated by failure to diagnose or properly treat Erb鈥檚 palsy, you may be entitled to compensation that will allow your child to receive the medical care, rehabilitation, and other accommodations he or she needs. Experienced聽New York Erb鈥檚 palsy lawyers聽can be the best source of information about your rights and options.

Give yourself and your child the benefit of an experienced advocate. Schedule a free consultation with a聽New York personal injury lawyer聽right now. Just fill out the form at the top of this page or call聽(212) 732-2929聽right now.

We understand the challenges faced by victims of car accidents, construction accidents, serious harm, wrongful death, and many other personal injury cases, and we鈥檙e here to help.

Call or text聽(212) 732-2929聽or complete a聽Free Case Evaluation form

The post Is Erb鈥檚 Palsy Permanent? appeared first on New York Personal Injury Lawyers.

]]>
/blog/is-erbs-palsy-permanent/feed/ 0