Bringing a child into the world should be a moment of joy, not fear or uncertainty. But when a newborn suffers a broken bone during labor or delivery due to medical negligence, families are left grappling with pain, confusion, and unanswered questions. If your child sustained a preventable birth injury in New York, you may have the right to pursue legal action.
In this blog, we’ll walk you through everything you need to know about filing a broken bone birth injury claim—from identifying potential medical errors to understanding your legal options and securing the compensation your family deserves.
At The Pagan Law Firm, we understand the heartbreak that comes with discovering your child’s injury could have been prevented. For over 25 years, our dedicated medical malpractice attorneys have helped families throughout New York and New Jersey hold negligent medical professionals accountable.
If you suspect your child’s broken bone injury resulted from a mistake during delivery, do not face this battle alone. Contact us today at 212-967-8202 or fill out our online consultation form to schedule a free, confidential case review. We are here to help you seek the justice and financial recovery your child deserves.
👉Also Read: How a New York Birth Injury Lawyer Handles Fetal Distress Cases
Understanding Fractures and Broken Bone Birth Injuries
Fractures and broken bones sustained during childbirth are among the more visible and painful forms of birth trauma. These are some of the common birth injuries that occur when a newborn’s bones are subjected to undue pressure or force during the labor and delivery process. While neonatal bones are relatively flexible, they remain susceptible to injury, particularly in complex or physically demanding births.
The most commonly fractured bone during delivery is the clavicle, or collarbone. Other bones that may be affected include the humerus, femur, and in rare cases, bones in the skull or ribs. Symptoms of a birth-related fracture may include swelling or bruising at the injury site, reduced mobility of the affected limb, visible deformity, or signs of pain when the area is touched or moved. In some cases, the injury may not be immediately evident and is only detected after careful examination or imaging post-delivery.
Though many birth-related fractures heal over time with minimal intervention, some may result in longer-term complications, such as nerve involvement, reduced range of motion, or improper bone alignment. In these instances, additional medical care, including physical therapy or surgical correction, may be required. For parents, the discovery of a fracture at birth is not only emotionally overwhelming but often raises concerns about whether the injury could have been prevented with proper medical care.
Recognizing the impact of broken bone injuries at birth is essential to understanding the full scope of care a child may need. It also lays the groundwork for exploring legal remedies when medical negligence plays a role in the injury.
👉Also Read: Protect Your Child: How Newborn Seizures Lawyers Can Assist in Birth Injury Cases
Common Causes of Fractures and Broken Bone Injuries at Birth in New York
Broken bones and fractures sustained during childbirth can have lasting impacts on a newborn’s health and development. In many cases, these injuries are the result of physical trauma during labor and delivery, often stemming from medical errors or poor clinical judgment. In New York, where medical providers are expected to meet a rigorous standard of care, such injuries may warrant legal action if they are found to be preventable.
Below are some of the most common causes of broken bones and fracture-related birth injuries:
Excessive Physical Force During Delivery
One of the most frequent causes of neonatal fractures, particularly to the clavicle or humerus, is the application of excessive manual force. When a baby becomes lodged in the birth canal—such as in cases of shoulder dystocia—healthcare providers may attempt to reposition or extract the baby forcefully, inadvertently fracturing delicate bones.
Misuse of Delivery Instruments (Forceps or Vacuum Extractors)
Fractures of the skull, collarbone, or limbs can occur when delivery-assistive devices are improperly used. For example, the incorrect positioning of forceps may exert uneven pressure on the baby’s skull, leading to cranial fractures. Similarly, vacuum extractors may cause injury if too much suction or force is applied during delivery.
Breech Presentation and Difficult Fetal Positioning
When a baby is delivered feet-first (breech) or in a transverse or posterior position, the risk of fractures increases significantly. Improper attempts to manipulate the fetus into a more favorable position—especially without surgical intervention—can result in breaks in the femur, clavicle, or arms.
Large Birth Weight or Macrosomia
Infants with a high birth weight are more difficult to deliver vaginally, especially through a narrow birth canal. The pressure exerted during labor, combined with the need for forceful delivery techniques, increases the risk of clavicle or humerus fractures.
Delayed or Failed Cesarean Section
When clear signs indicate that a vaginal delivery could place the baby at risk, a cesarean section is typically recommended. However, delays in decision-making or improper execution of a C-section may force clinicians to continue with a risky vaginal delivery, potentially leading to bone fractures.
Fragile Bone Conditions and Undiagnosed Health Issues
While relatively rare, some infants may have congenital conditions like osteogenesis imperfecta (brittle bone disease), which make them more susceptible to fractures during even a normal delivery. Failure to diagnose and prepare for such conditions can result in preventable injuries.
Inadequate Medical Training or Staffing
Birth injuries may also arise in facilities where medical staff lack proper training or experience in managing complex deliveries. A poorly supervised or inexperienced provider may mishandle an emergency, delay critical interventions, or use inappropriate delivery techniques, increasing the risk of fractures.
Recognizing the underlying cause of a birth-related fracture is vital, not only for treating the child but also for evaluating whether the injury was avoidable.
Legal Grounds for Filing a Broken Bone Birth Injury Claim
Filing a claim for a broken bone birth injury in New York requires a clear understanding of the legal basis for holding medical professionals accountable. At the core of such claims is the concept of medical malpractice, which occurs when a healthcare provider fails to deliver the appropriate standard of care expected during labor and delivery, resulting in injury to the newborn.
Parents can initiate a birth injury lawsuit New York on behalf of their child if they believe the child’s broken bone was caused by negligence during the birth process. To succeed in such a claim, it must be demonstrated that the medical provider breached their duty of care—meaning their actions or omissions fell below the accepted medical standards—and that this breach directly caused the injury.
The legal process involves establishing four essential elements: duty, breach, causation, and damages. First, it must be shown that the medical professional owed a duty of care to the mother and child. Second, that duty was breached by negligent conduct, such as improper handling of delivery instruments or failure to respond to signs of fetal distress. Third, there must be a direct link between this negligence and the child’s broken bone injury. Lastly, the injury must have resulted in damages, including medical expenses, pain and suffering, or long-term care needs.
Because birth injury claims often involve complex medical facts and require expert testimony, consulting an experienced birth injury attorney is crucial. They can help gather evidence, work with medical experts, and navigate the legal system to ensure that parents pursue rightful compensation for their child’s injury.
Understanding these legal grounds is the first step toward seeking justice and holding negligent parties accountable for the harm caused during childbirth.
Steps to File a Broken Bone Birth Injury Claim in New York
Filing a broken bone birth injury claim in New York involves several critical steps that must be carefully navigated to ensure the best possible outcome. The process typically begins with consulting a qualified birth injury attorney who has experience handling medical malpractice cases. This initial consultation is essential to evaluate the merits of your claim and understand your legal options.
Following the consultation, your New York birth injury attorney will assist you in gathering all relevant medical documentation. This includes prenatal and delivery records, imaging reports, and expert medical opinions. Collecting detailed evidence is vital to establishing the link between medical negligence and birth injury. Additionally, witness statements may be sought to strengthen the case.
With sufficient evidence, your attorney will formally initiate the claim by filing the necessary paperwork with the court or insurance company. This may lead to settlement negotiations with healthcare providers or their insurers. If an agreement cannot be reached, the case may proceed to trial, where your attorney will advocate on your behalf.
Throughout each stage, the goal remains to secure fair compensation that covers medical expenses, therapy, and other related costs resulting from the injury. Understanding these steps empowers families to pursue justice and obtain the support needed for their child’s care and recovery.
Proving Medical Negligence in Broken Bone Birth Injury Cases
Proving medical negligence is a critical element in successfully pursuing a broken bone birth injury claim. It requires demonstrating that the healthcare provider failed to meet the accepted standard of care during delivery and that this failure directly caused the injury. Establishing this connection involves presenting detailed medical evidence and expert testimony.
Medical experts play a key role in explaining what constitutes appropriate care and how deviations from this standard result in broken bones or other birth injuries. Their professional evaluations help clarify complex medical issues for the court, strengthening the claim.
An experienced New York birth injury attorney is essential to gather and interpret the necessary evidence, including medical records and expert opinions. They will build a comprehensive case to prove negligence, ensuring that healthcare providers are held accountable for the harm caused.
Successfully proving negligence not only secures compensation but also helps provide the child with the resources needed for ongoing treatment and support.
Types of Compensation Available for Broken Bone Birth Injuries
When pursuing a claim for broken bone birth injuries in New York City, understanding the types of compensation available is vital for families seeking justice and financial relief. Compensation typically falls into two broad categories: economic damages and non-economic damages.
Economic Damages cover the tangible, quantifiable financial losses incurred due to the injury. These include:
- Medical Expenses: This encompasses all costs related to immediate and ongoing medical care, such as hospital stays, surgeries, physical therapy, specialized medical equipment, medications, and home healthcare services.
- Lost Wages: Parents or guardians who must reduce work hours or leave employment to care for their injured child may recover lost income. Additionally, compensation can address the child’s future diminished earning capacity caused by long-term disability resulting from the injury.
- Rehabilitation and Special Education: Costs associated with physical rehabilitation, occupational therapy, and specialized educational programs tailored to the child’s unique needs.
Non-Economic Damages compensate for the intangible effects of the injury, including:
- Pain and Suffering: Compensation for the physical pain and emotional distress endured by the child as a direct result of the injury.
- Emotional Distress and Loss of Enjoyment of Life: Addressing the psychological impact on both the child and their family, including anxiety, depression, and reduced quality of life.
- Loss of Consortium: Compensation for the impact the injury has on the child’s relationship with their parents or family members.
The combination of these damages aims to provide comprehensive support to families, helping to alleviate financial burdens while securing the necessary resources for the child’s ongoing care and development. Understanding these compensation types empowers families to pursue medical malpractice claims effectively and ensures their child’s needs are met both now and in the future.
How an Experienced Birth Injury Lawyer at The Pagan Law Firm Can Help
At The Pagan Law Firm, we understand the profound impact a birth injury can have on your family’s life. Our experienced New York birth injury lawyers are dedicated to guiding families through the complex and often overwhelming process of seeking justice and securing the compensation your child deserves. Here are the key ways our skilled lawyers assist families facing birth injury claims:
- Thorough Investigation: Our medical malpractice attorneys conduct a detailed and comprehensive investigation to determine whether healthcare providers failed to meet the accepted standard of care during delivery. We carefully review medical procedures, delivery methods, and monitoring practices to identify any deviations that may have caused your child’s injury.
- Evidence Collection: We gather critical evidence, including medical records, delivery reports, and expert medical opinions, to build a strong case demonstrating the direct link between medical negligence and your child’s injury.
- Consulting Expert Witnesses: Birth injury claims often hinge on complex medical facts. Our team collaborates closely with leading medical experts who provide essential testimony to explain how the care your child received fell below professional standards.
- Case Building and Legal Strategy: Our New York birth injury attorneys analyze all relevant documentation and evidence to construct a compelling legal argument. We identify all responsible parties and develop a tailored strategy designed to secure the best possible outcome for your family.
- Negotiations with Insurance Companies: The Pagan Law Firm aggressively negotiates with insurance providers to obtain fair settlements that fully cover medical expenses, ongoing therapies, rehabilitation costs, and compensation for pain and suffering.
- Litigation When Necessary: If a fair settlement cannot be reached, our attorneys are fully prepared to take your case to trial. We advocate zealously on behalf of your child’s rights and future well-being before the court.
- Holistic Advocacy: We recognize that birth injuries often require lifelong care. Our firm strives to secure compensation that addresses not only immediate medical bills but also future treatments, special education, and quality of life considerations.
By providing compassionate support and clear guidance throughout every stage of the legal process, The Pagan Law Firm empowers families to navigate these challenging circumstances with confidence. We are committed to helping you seek justice and secure the resources your child needs to thrive.
Preparing for Your Initial Consultation
Preparing thoroughly for your initial consultation with a birth injury attorney can help ensure a productive and focused discussion. Here are some steps to make the process easier:
- Gather Essential Documents: Bring all relevant medical records related to the mother’s and baby’s health, including prenatal, delivery, and postnatal records. These documents provide important context for evaluating your case.
- Assistance with Missing Records: If certain medical records are unavailable or difficult to obtain, your attorney can help you request these documents after the consultation.
- Take Notes: Bring a notepad or device to take detailed notes during the meeting. This will help you remember key points and guidance provided by the attorney.
Being well-prepared for your free initial consultation allows you to communicate, ask important questions, and receive valuable legal advice tailored to your situation.
Time Limits for Filing a Birth Injury Claim in New York
Understanding the time limits for filing a birth injury claim is critical to protecting your legal rights in New York. These time constraints, known as statutes of limitations, dictate the deadline by which a lawsuit must be initiated. Missing these deadlines can result in losing the right to pursue compensation altogether.
In New York, the general statute of limitations for medical malpractice claims, including birth injury cases, is two years and six months from the date the injury was discovered or reasonably should have been discovered. This “discovery rule” recognizes that some injuries may not be immediately apparent at birth but become evident later.
However, there are important exceptions and nuances to consider:
- Claims Involving Minors: If the injured child is under 18 years old, the statute of limitations is typically extended. In most cases, the claim must be filed within two years and six months after the child’s 18th birthday, allowing the child or their guardian adequate time to pursue legal action.
- Claims Against Public Hospitals or Government Entities: Special rules often apply when suing public hospitals or government healthcare providers. These cases may require filing a notice of claim within a much shorter period, usually 90 days from the date of injury, before proceeding with a lawsuit.
Given the complexity of these deadlines and the potential for exceptions, it is essential to consult with an experienced birth injury attorney promptly. Timely legal advice ensures that your claim is filed within the appropriate timeframe, preserving your ability to seek justice and compensation for your child’s injuries.
👉Also Read: Seeking Justice: How to File a Medical Malpractice Claim for Birth Injury – The Pagan Law Firm
Contact The Pagan Law Firm Today to Protect Your Child’s Rights and Secure Justice
If your child has suffered a fracture or broken bone due to complications or negligence during childbirth, it is imperative to seek knowledgeable legal guidance as soon as possible. At The Pagan Law Firm, our dedicated New York birth injury attorneys are committed to helping families in the Bronx, Brooklyn, Queens, New York City, Westchester County, and New Jersey navigate the complex medical and legal challenges that accompany these traumatic injuries.
We understand the emotional and financial burdens that broken bone birth injuries can impose, and we strive to secure the compensation necessary to cover medical expenses, rehabilitation, and long-term care.
Contact The Pagan Law Firm today for a confidential, no-cost consultation. Our experienced team will carefully review your case, gather crucial medical evidence, and advocate aggressively on your behalf—whether through negotiation or litigation—to ensure your child’s rights are protected and justice is served. Don’t delay, as New York’s strict filing deadlines for birth injury claims can impact your ability to pursue rightful compensation. Let us provide the support and legal guidance your family deserves during this difficult time.