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Birth Injuries

Your Child Deserved More

Months of planning and eagerly awaiting the birth of your child can be crushed by the uncertainty of an unnecessary birth injury. We at The Pagan Law Firm, P.C., know how tragic a child’s injury can be. While some conditions are a result of genetics, or other natural causes, there are some that can result from the failure of a medical staff to act appropriately, like:

  • Meconium aspiration. This happens as a result of the fetus releasing fecal material into the womb, which then mixes with the amniotic fluid. This mixture may enter the lungs of the fetus, causing limpness, low blood pressure and lack of oxygen. While hypertension or diabetes in the mother can lead to meconium aspiration, a difficult or complicated labor process can cause the infant to release the fecal matter in the womb as well.
  • Cerebral palsy. This is a muscular disorder that can cause difficulty with swallowing, eye imbalances and a spectrum of other muscular deficiencies. Cerebral palsy can also result from a lack of oxygen to the child’s brain during labor and birth as a consequence of medical malpractice.

Hold Those Responsible Accountable

When a medical professionals’ negligence during delivery leaves you with the lifelong consequences of having to deal with birth injuries, you need to hold them accountable. Hospitals often have a small army of lawyers to keep them from accepting their faults or paying for their mistakes. If you need help in holding a hospital accountable, get an attorney right away.

Contact us at 212-967-8202 to set up a free consultation with a dedicated lawyer today.

Welcoming a baby into the world is a wonderful moment for a family. However, it is not without its challenges. Unfortunately, sometimes things go wrong during the birthing process.

Approximately 10 percent of deliveries in the United States each year suffer complications and require medical intervention. Doctors and other medical providers are expected to act with the utmost professionalism to ensure the safety of both the mother and the child.

In some cases, life-threatening errors are made, causing serious harm and endangering the lives of the mother and child. These errors can result in a birth injury. There are around 28,000 birth injuries recorded per year, many of which are preventable.

These injuries can lead to extreme medical costs and may result in a lifetime of physical and emotional challenges for the child. They can cause physical and emotional hardship to the family, not to mention significant financial burdens due to medical bills.

When a birth injury occurs, it is crucial to consult a birth injury lawyer to help you understand your rights and options in the legal process.

Suppose your child has suffered a preventable birth injury due to the negligence of a medical professional. In that case, you may be able to file a birth injury lawsuit or a medical malpractice case against the responsible parties, such as the health care professional present during the delivery, to receive financial compensation.

What Is a Birth Injury Lawsuit?

A birth injury lawsuit is a legal claim filed by the parents or guardians of a child who was harmed during the delivery process.

These claims are typically filed against the negligent doctor, nurse, or other medical professionals responsible for the child’s birth injury. Hospitals or other institutions may also be held liable in some birth injury cases.

What Damages Can You Recover in a Birth Injury Claim?

The damages you may be able to recover in a birth injury claim will depend on the severity of the child’s injuries and the resulting economic and non-economic damages. These can include:

  • Economic Damages
    • Medical expenses: This can include hospitalization costs, surgeries, therapy, rehabilitation, and any other necessary medical treatment.
    • Future medical expenses: If the injuries are expected to require long-term or lifelong care, then your party can include future expenses for medical care in the claim.
  • Non-economic Damages
    • Pain and suffering: This can include the physical pain and emotional suffering caused by the child’s injury.
    • Loss of enjoyment of life: If the infant’s injuries prevent them from enjoying their life, your party can recover this damage.
    • Mental anguish: This can include the emotional distress and mental suffering caused by the injuries.
    • Loss of consortium: This can consist of the loss of companionship, love, and affection due to injuries.

What Are the Different Types of Birth Injuries?

Birth complications could result in long-term consequences. A child’s injuries could be minor or major, temporary or permanent. These birth defects can also result in different levels of disability. Some of the more common types of injuries during birth include:

Traumatic Brain Injury

Brain injuries are some of the most serious types of birth injuries, ranging from mild to severe injuries, and can even be life-threatening. Common causes of brain injuries during childbirth include asphyxia or the lack of oxygen to the brain, trauma during delivery, or infections.


Encephalopathy is a general term used to refer to any brain damage or disease that affects the structure and function of the brain. This severe birth injury can be temporary or permanent. In some cases, it may get progressively worse as the child gets older.

Physical Injury

Some of the most common birth injuries affect the child’s body. This is usually caused by physical trauma due to the medical personnel’s improper use of medical tools. These physical injuries could be minor or major, temporary or permanent, and internal or external, ranging from minor bruises to significant organ damage.

Fractured or Broken Bones

During childbirth, the baby’s bones are soft and pliable. In some cases, the child’s bones can be fractured or broken during delivery if too much force is used. Improper use of delivery instruments or trauma to the child’s head and neck are some of the common causes of bone fractures during childbirth.

Cerebral Palsy

Cerebral palsy is one of the severe birth injuries that is as devastating as it is common. This serious condition primarily affects the child’s muscle control and motor skills, causing problems with posture, muscle tone and coordination, gait, and speech. The effects of cerebral palsy can range from mild paralysis to complete immobilization, requiring a lifetime of care.

Erb’s palsy

Erb’s palsy damages the nerves in the neck and shoulder area of the child. This birth injury usually occurs during a difficult delivery, mainly when the baby is large or positioned awkwardly in the birth canal. It could result in partial or total paralysis or loss of feeling in the affected arm.

What Are the Different Types of Birth Injury Lawsuits?

There are different types of birth injury lawsuits depending on the circumstances of the case.

Medical Malpractice Lawsuit

A lawsuit for medical malpractice is filed against a health care provider for medical negligence or wrongful actions that resulted in an injury to the patient. In birth injury claims, the parents of the child harmed during childbirth would file a lawsuit against the doctor, nurse, or other medical personnel responsible for their child’s injuries.

Wrongful Death Lawsuit

Wrongful death lawsuits are filed when a person dies due to another person’s negligence or wrongful actions. In cases of birth injuries resulting in the child’s death before, during, or shortly after childbirth, the parents of the child can file a lawsuit against the responsible parties.

Statute of Limitations for New York Birth Injury Lawsuits

The statute of limitations is the time limit set by law within which the child’s parents must file a lawsuit.

In New York, the birth injury settlement must be filed within three years from the date of the medical malpractice. This means that the parents of children who were injured during childbirth have two years from the date of the injury to file a lawsuit against the responsible parties.

In cases where the child dies due to a birth injury, the parents have two years from the date of death to file a lawsuit for wrongful death.

As soon as you suspect medical negligence, you must contact an experienced medical malpractice attorney to investigate your claim and help you file your lawsuit and make your medical malpractice claims. After the statute of limitations expires, you will not have another opportunity to file a lawsuit.

Contact a Birth Injury Attorney Now

If you or your child have been harmed during childbirth, you may be entitled to compensation for your damages; birth injury lawyers in New York can help. Contact a New York birth injury attorney at The Pagan Law Firm for a free consultation. We will review your case and advise you regarding your legal options.

Here at The Pagan Law Firm, our experienced medical malpractice attorneys have been fighting for the rights of injured patients and their families for over 25 years.

We have a proven track record of success in the lawsuit process and are dedicated to getting the best possible results for our clients.

Don’t wait; call us at (212) 967-8202 or complete our online contact form to book your free consultation.

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