New York Birth Injury Attorneys

Advocating for Families Impacted by Birth Malpractice in NYC

Physicians and medical staff are responsible for monitoring women closely throughout pregnancy and the labor/delivery process in order to minimize the risk of birth injuries and prevent common issues from escalating. 

However, the unfortunate reality is that this doesn’t always happen. Human error in the medical field is more common than we’d like to believe. Negligent doctors and medical staff do exist, making careless errors and falling below the standard of care, which places the health of unsuspecting mothers and infants at serious risk.

At Salenger, Sack, Kimmel & Bavaro, we understand the importance of details. Determining whether or not doctors were negligent involves looking back at every step of the process: reviewing hospital and medical records, examining test results and scans, and even going as far as to monitor staff schedules and behaviors to pinpoint suspicious actions during your care. 

From these documents, witness testimonies, and expert analysis, our New York birth injury lawyers look to establish how your child’s birth injury could have been prevented and what negligent behaviors caused them.

If your child was injured at birth, and you believe medical negligence is to blame, we encourage you to get in touch with our birth injury attorneys in NY for a free consultation. Call (800) 572-7246 or contact us online. 

Common Causes of Birth Injuries

Although there are far more situations in which medical errors could occur, here are some of the most common examples of birth malpractice:

During Pregnancy

• Neglecting to properly monitor a woman’s overall condition
• Failure to refer a woman with a high-risk pregnancy to obstetricians who specialize in high-risk pregnancies
• Failure to perform tests during pregnancy that would reveal a birth defect or help avoid one
• Analyzing test results incorrectly
• Failure to properly monitor a baby’s movement throughout pregnancy
• Failure to explore reported issues during the pregnancy that could be signs of more serious health concerns

During Labor & Delivery

• Improperly using labor-inducing drugs, such as Pitocin
• Failing to monitor the fetus properly during labor
• Failing to prevent premature delivery
• Improperly using forceps or vacuum extraction during delivery
• Failing to diagnose infection or treat existing infection
• Failing to prevent or act on conditions during delivery such as umbilical cord entrapment, placental abruption, placenta previa, or oxygen deprivation
• Failing to perform a timely C-section when a fetus is in distress
• Unnecessarily performing a C-section when risks outweighed the benefits
• Failing to properly resuscitate newborns

Mistakes in one or more of these areas could result in catastrophic disabilities and neurological impairments for a newborn baby. Determining whether the level of care was compromised during birth and delivery is not a task you should undergo alone; work with a New York birth injury attorney from Salenger, Sack, Kimmel & Bavaro, LLP.

Common Types of Birth Injuries

Birth injuries can be heartbreaking for new parents, leaving them obsessed with seeking a cause. However, not all cases of birth injuries and complications are grounds for birth malpractice lawsuits. Even when receiving the utmost quality care during pregnancy and delivery, injuries can still occur that are out of the realm of anyone’s control.

When seeking explanations for your child’s injuries, it’s helpful to know which types of birth injuries are more commonly related to incidents of medical malpractice than others, such as:

• Cerebral palsy
• Severe neurological defects
• Hypoxic ischemic encephalopathy (HIE)
• Erb’s palsy
• Shoulder dystocia
• Brachial plexus injuries
• Cognitive impairments
• Development delays
• Motor impairments

If your child has been given any of these diagnoses, consider contacting a birth injury lawyer in NY. Though we understand seeking financial compensation will never replace the health and wellness that was taken from your child at birth, securing the funds to access early intervention programs can dramatically improve their quality of life for the future.

Fighting Back for Your Child’s Future

Parents hold back from making allegations of medical malpractice for a number of reasons: Avoiding the act of soiling a physician’s reputation, dreading the commitment and consequences associated with filing a lawsuit, or fearing the knowledge that someone contributed to the birth injury of their child. For these families, it’s more important than ever to remember that coming forward with concerns about poor quality medical care is a positive action. 

It’s possible that the same negligent doctors and medical staff that contributed to your child’s birth injury have been allowed to practice for years or even decades. Holding these individuals accountable for preventable errors in care could benefit the lives of future children and families who would have otherwise been put in harm’s way. It may also address and correct any ineffective institutional policies that have led to an increase in medical errors.

Not to mention, filing a birth injury lawsuit can help ensure you have the financial resources to provide for your disabled child, taking into account the long-term costs of ongoing medical care and necessary accommodations. 

Can I File a Lawsuit for a Birth Defect in New York?

According to the CDC, 1 in every 33 babies in the U.S. is born with a birth defect. Many birth defects are the result of genetics and other uncontrollable factors. However, some birth defects are the direct result of negligent medical professionals, dangerous drugs, and toxic exposure. In these situations, you have the right to pursue compensation for the harm your child and your family have suffered.

The following causes of birth defects may make your case eligible for a lawsuit:

• The doctor failed to properly screen the mother or fetus for birth defects or defect-causing factors
• The doctor prescribed harmful medication during pregnancy or prescribed the wrong dosage of medication
• The doctor failed to advise a pregnant mother of the risks of pregnancy, medication, or lifestyle choices
• Dangerous drugs that have been linked to birth defects such as Venlafaxine (Effexor), Lexapro, Prozac, Wellbutrin, Zoloft, and Paxil.
• Exposure to toxic substances that are known to cause birth defects, such as lead, mercury, PCBs, arsenic, and cadmium.

Linking birth defects to negligence is not a simple task. You need an experienced team of birth injury litigators with the skills and resources to fully investigate your claim and determine who may be held liable. Contact our New York birth defect attorneys to file a claim for the compensation you deserve.

Choose a Firm Experienced in Birth Injury Cases

At Salenger, Sack, Kimmel & Bavaro, LLP, our New York birth injury attorneys have a long history of success in handling birth injury lawsuits. We understand the complexity of these cases and the emotional toll they can take on a family. 

Our attorneys handle all our clients’ cases with the genuine care and respect they deserve, aggressively litigating their cases to hold negligent medical providers accountable. We value the trusting relationships we build with our clients and are dedicated to your case from start to finish. Salenger, Sack, Kimmel & Bavaro, LLP will not hold back in fighting for the justice your family deserves.

Call (800) 572-7246 or contact us online to schedule a free consultation.