New York City Birth Injury Lawyer

New York City Birth Injury Lawyer

For many parents, the birth of a child is one of the happiest days in their lives. However, when something goes wrong during delivery, the experience can be painful and traumatizing, and the future may be filled with uncertainties.

If your child has suffered due to a medical provider’s mistake during childbirth in New York City, NY, you may be entitled to money for medical care and pain and suffering in a medical malpractice claim

At Rosenbaum & Rosenbaum, P.C., our NYC birth injury lawyers can help you protect your legal rights and your child’s rights, and hold negligent care providers accountable. Contact us as soon as possible if you suspect a birth injury so that we can preserve evidence and arrange a prompt investigation. 

How Can an NYC Birth Injury Lawyer at Rosenbaum & Rosenbaum, P.C. Help After a Birth Injury 

How Can a NYC Birth Injury Lawyer at Rosenbaum & Rosenbaum, P.C. Help After a Birth Injury

Doctors, midwives, and other medical professionals must provide a reasonable standard of care. Although some injuries are unavoidable, many injuries are preventable. When these injuries are serious and permanent, they are life-altering events with far-reaching effects.

Some children may need 24/7 care, and home and vehicle modifications. Having represented many families over the years, we understand the many ways that a birth injury is difficult and traumatic.  

We support our clients following a birth injury by: 

  • Arranging an independent investigation to determine the cause of a birth injury and all liable parties
  • Consulting with specialists to understand the full impact of your child’s injuries on their development and future
  • Stopping insurance companies’ attempts to minimize or completely devalue your claim. 

Having an experienced and knowledgeable NYC personal injury lawyer can ensure your case reaches the best possible outcome. At Rosenbaum & Rosenbaum, P.C., we work with some of the best birth injury experts and specialists in the country. 

We can help you bring a claim against any party responsible for your child’s birth injury, including:

  • Obstetricians, gynecologists, and other doctors 
  • Anesthesiologists
  • Nurses
  • Midwives 
  • Hospitals
  • Birthing centers. 

If you suspect medical malpractice, contact Rosenbaum & Rosenbaum, P.C. as soon as possible. We have four decades of experience and many successful case results. While you focus on your recovery and taking the best care of your baby, we will fight for, and aggressively negotiate maximum compensation and full accountability. 

Common Types of Birth Injuries 

Common Types of Birth Injuries

More than 100,000 babies are born each year in NYC. Most babies come into the world healthy. A small percentage suffer heartbreaking injuries due to medical errors during childbirth. Birth injuries can occur before, during, or after birth. 

Some of the types of injuries we see in NYC include: 

Cerebral Palsy

Cerebral palsy, often referred to as CP,  refers to a group of non-progressive motor conditions that cause disability, ranging from mild to severe. Some children with cerebral palsy have only very minor impairments, and others require 24-hour care.  

There is no cure for CP, but many people have improved function and quality of life with various treatments and therapies. 

There are four types of CP: Spastic cerebral palsy (about 80% of all cases), Ataxic cerebral palsy, Athetoid/dyskinetic cerebral palsy, and mixed cerebral palsy (a combination of types). 

Neonatal Stroke

An ischemic stroke can be caused by lack of oxygen during childbirth, or lack of oxygen from preeclampsia, premature rupture of the membranes, infections, diabetes, or placental abruption. Hemorrhagic strokes may be caused by a head injury, aneurysm, or a congenital disability. 

Placental Abruption

Placental abruption, the separation of the placenta from the uterine wall, can cause a baby to stop receiving oxygen. This condition must be carefully monitored, and an emergency C-section may be necessary to avoid potential cerebral palsy or hypoxic-ischemic encephalopathy (HIE). This condition occurs in about one percent of pregnancies. 


This is one of the most common birth complications, occurring in 5-8 percent of all pregnancies responsible for about several hundred deaths each year in the United States. Experts say about half of preeclampsia and eclampsia deaths may be prevented. Preeclampsia is usually diagnosed during prenatal appointments. 

Uterine Rupture

The uterus may rupture, leading to severe bleeding, during TOLAC (trial of labor after cesarean) or a VBAC (vaginal birth after cesarean). In a small number of cases, it can occur when the uterus is not scarred. 

Although many birth injuries are the result of medical malpractice or negligence during labor and delivery, they can also be attributed to errors with medication, and mistakes made during pregnancy. When you contact our NYC birth injury attorneys, we can help you determine your options to file a claim and pursue financial compensation. 

Maternal Death During Childbirth – Wrongful Death Liability

Maternal Death During Childbirth - Wrongful Death Liability

According to the CDC, about 700 women die in the United States each year from pregnancy-related complications, and more than half of these deaths are preventable. However, the actual number of maternal deaths due to medical error is unknown. Deaths due to doctor diagnostic errors or poor judgment may not be accurately attributed.

 Some of the common causes of maternal death include: 

  • Amniotic fluid embolism
  • Infection
  • Preeclampsia / Eclampsia 
  • Placenta previa
  • Pulmonary embolism 
  • Ectopic pregnancy 
  • Postpartum hemorrhage

When medical malpractice leads to death while giving birth, the loss of a wife, fiancee, partner, or daughter is devastating and tragic. Although no amount of money can ever bring back a loved one after an unexpected loss, damages in a wrongful death can ease the financial burdens of a loss, and provide for a child’s needs for years to come. 

Types of Birth Injury Malpractice

Birth injuries often occur due to medical mistakes before,  during or after birth. Some of the causes of birth injuries that we see in NYC include:

  • C-Section malpractice
  • Delayed C-Section 
  • Forceps malpractice
  • Improper fetal monitoring
  • Vacuum extractor malpractice
  • Oxygen deprivation during labor or delivery

If a medical provider was negligent or careless, which led to your child’s birth injury, you may have a claim for compensation. The NYC birth injury lawyers at Rosenbaum & Rosenbaum, P.C. can review your case and determine if you may have a valid claim

Frequently Asked Questions About Birth Injuries in New York

If your life has been affected by a birth injury you probably have a lot of questions. Our personal injury team is here to help. Here are answers to some of the questions you may have.

FAQ: How Are Birth Injuries Different than Birth Defects? 

A birth defect or congenital abnormality, such as a cleft lip, cleft palate,  or clubfoot, typically forms very early on during pregnancy, due to genetics, infection, or maternal health issues.  A birth injury occurs during childbirth, often following a completely normal and healthy pregnancy. 

FAQ: How Do I Know if a Birth Injury Was the Doctor’s Fault? 

If your child’s suffered a birth injury, and is suffering from physical symptoms or delayed development, you have legal rights and options. Some families are hesitant to pursue litigation or delay contacting a lawyer because they are unsure if they have a case.

When injuries are serious, and families will be dealing with the effects of medical negligence for years or a child’s entire lifetime, it is essential to consider a possible legal claim. 

Whether or not you have a case will depend on the very specific facts of your case, and is not always obvious. Sometimes medical errors are difficult to detect. An attorney at Rosenbaum & Rosenbaum, P.C.,  can make a determination if you have a case. We work with doctor specialists who can review your medical record and determine if you may have a valid claim. 

There is no fee to talk to a lawyer, so absolutely no risk to have your case reviewed. And as part of our contingency fee arrangement, our clients pay nothing until we win. 

FAQ: How Long Do I Have to File a Birth Injury Claim? 

Every civil claim for money damage is subject to a statute of limitations. In the state of New York, adults have two years and six months after an injury due to medical error to file a lawsuit. In cases where the victim was a minor, under age 18, they have up to 10 years from the date that they learn of an injury to file a claim. Sometimes, birth injuries are not apparent until developmental delays are noticed, like failures to crawl, sit up, walk, or talk. 

FAQ: What Kind of Compensation is Available for a Birth Injury Claim? 

Birth injuries are a unique area of personal injury law. Compensation in a birth injury claim can help you pay for necessary medical treatments, specialist visits, therapy and rehabilitation, and home care. Parents may also be entitled to compensation for their trauma and emotional distress. 

The money awarded in a personal injury claim settlement or verdict may be substantial, but may not be possible without aggressive legal representation. Medical organizations and insurance companies have deep pockets and will invest heavily in legal representation to defend claims. 

Victims who hire a skilled lawyer who understands complex birth injury cases will ensure your case is filed in a timely manner, and everything possible is done to maximize the value of your case

FAQ: How Much Is My Birth Injury Case Worth? 

Every case is different, and your case may take months or sometimes years. In some cases, it may be necessary for your child to develop more to fully realize the effects of a birth injury. 

When you hire us, our fee is based on the ultimate amount recovered, not the amount of time we spend on your case. We will try to resolve your case as quickly as possible, taking into account your family’s situation and needs, without sacrificing the value of your claim for a fast settlement. 

Get a Free Consultation with a New York City Medical Malpractice Lawyer at Rosenbaum & Rosenbaum, P.C. 

The NYC birth injury lawyers at Rosenbaum & Rosenbaum, P.C. are compassionate and driven legal advocates for parents and families dealing with birth injuries. We offer a free and private consultation to review your case. If we represent you, we will not charge any fees unless we recover money for you. Contact us at (212) 969-8606.