Birth Injuries

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.

newborn baby getting a check up

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:

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

The attorneys at Salenger, Sack, Kimmel & Bavaro

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. 

The Long-Term Impact of a Birth Injury

A birth injury can have a significant impact on the life of a child and their family. While immediate medical treatment may be necessary, it is important to also consider the potential long-term effects of the injury. 

Seeking damages can help ensure that the child receives the ongoing care and support they need to mitigate the effects of the injury. This includes medical treatments, therapies, and specialized equipment that can help improve their quality of life. Additionally, compensation can help alleviate the financial burden that often accompanies caring for a child with a birth injury. 

It is important to work with a skilled birth injury lawyer in New York who can help navigate the legal process and advocate for the rights of the child and their family. Our team at Salenger, Sack, Kimmel & Bavaro, LLP is here to help.

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.

Birth Injury FAQ: Common Questions

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.

What Will I Need to Prove in a Birth Injury Lawsuit?


In order to win a birth injury lawsuit, you must be able to prove that the medical provider was negligent in their care of the mother and/or baby. This means that they must have failed to exercise the same level of care and skill as a reasonably prudent medical professional would have under similar circumstances. You will need to provide evidence that the medical provider deviated from the accepted standards of care, which caused your child’s injury.


You must also be able to prove that the medical provider’s negligence caused your child’s injury. This can be difficult because it requires expert testimony from a qualified medical professional who can explain how negligence led to your child’s injury. You will need to provide evidence that shows a direct link between negligence and the injury, such as medical records or expert testimony from a doctor or nurse who treated your child at birth.


In addition to proving negligence and causation, you must also be able to show that you and your child suffered damages as a result of your child’s birth injury. Common types of damages in these cases include medical expenses, lost wages, pain and suffering, emotional distress, and disability or disfigurement. You will need documentation such as bills or statements from doctors or other medical providers in order to prove these damages. 

Expert Testimony 

Finally, you may need expert testimony in order to prove your case. An expert witness is someone who has specialized knowledge about a particular subject matter and can testify about it in court. In birth injury cases, an expert witness may be needed to help explain complex medical issues or provide an opinion about whether or not the standard of care was met by the medical provider in question.

What Type of Evidence Will I Need in a Birth Injury Case?

When pursuing a birth injury lawsuit, you will need various pieces of evidence to support your claim. Medical records and expert witness testimony will play a crucial role in establishing the link between negligence and the birth injury. These records should include prenatal care, labor and delivery notes, and postpartum records. 

Witness testimony from medical professionals who provided care during the birth can also be valuable in demonstrating the standard of care that should have been provided and how the medical staff failed to meet these standards. Additionally, photographs and videos that capture the injury can help a jury visualize the damages and harm caused. 

It is essential to work with a New York birth injury lawyer who can guide you through the process and help you gather the necessary evidence to build a strong case.

How Long Do I Have to File a Birth Injury Lawsuit in NY?

If your child suffered a birth injury, it is important to know that the statute of limitations dictates how long you have to file a lawsuit in New York. 

According to New York law, you have up to two and a half years from the date of your child's injury to file a lawsuit. This time limit is meant to encourage injured parties to seek justice in a timely manner, and to ensure that claims are resolved as efficiently as possible. If you miss the deadline for filing a birth injury lawsuit in New York, you may not be able to seek compensation for the damages your child has suffered. Therefore, it is important to act quickly and consult with an experienced attorney who can guide you through the legal complexities of a birth injury case.

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