New York City Birth Injury

Birth injuries occur in roughly 27 out of every 1000 births in the United States. A birth injury is an injury suffered by a baby during pregnancy, during labor, during delivery or shortly after birth. There are many reasons for birth injuries. In many cases the injury might have been avoided if the medical staff had closely monitored the baby or mother, or if the medical staff properly diagnosed or treated a condition affecting the baby or mother. While some birth injuries resolve on their own and others respond to treatment, many, such as brain injuries, have lasting effects on the baby. If your child suffered a birth injury because of negligent treatment by a doctor, nurse, midwife or other medical professional, you may be entitled to compensation that will help pay for your child’s care and other expenses. Contact an experienced New York City birth injury lawyer who has the resources to investigate your case and help you fight for compensation for the losses you and your family have suffered.

Examples of common birth injuries

When a baby is born with an injury or illness, it usually could have been avoided with proper diagnosis, treatment or monitoring of the mother and baby, particularly when risk factors are present. Common birth injuries include:

  • Brachial plexus injury. The brachial plexus is the group of nerves that send signals from the spine to the shoulder, arm and hand. A brachial plexus injury occurs during a vaginal delivery when the baby’s shoulders get stuck as the baby descends through the birth canal. As a result, the baby suffers damage to the brachial plexus nerves, resulting in weakness in the shoulder, arms, hands, or fingers.
  • Anoxic brain injury. An anoxic brain injury occurs if the brain is deprived of oxygen. After a short period of time without oxygen, brain cells will begin to die resulting in brain damage. There are a variety of causes of oxygen deprivation during pregnancy, labor and delivery such as umbilical cord problems, placenta rupture, and the negligent use of labor inducing drugs. Anoxic brain injuries often can be avoided or minimized with proper monitoring of the baby.
  • Erb’s palsy. Is a birth injury caused by damage to the baby’s brachial plexus nerves during delivery. The result is paralysis or weakness to the shoulder, arm or hand.
Causes of birth injuries

Birth injuries are frequently caused by negligence on the part of a physician, nurse or other health care provider who fails to appropriately monitor, diagnose or treat the mother or baby.

  • Failing to properly monitor fetus. It is incumbent upon the medical staff to monitor a fetus for signs of distress. Quick action can save the baby from an injury that could lead to a lifelong disability.
  • Failing to administer appropriate tests during pregnancy. If the doctors fails to perform routine tests, or tests that should be performed based on existence of certain risk factors, the result can be that the doctor will miss critical information that will help diagnose a serious, yet treatable condition.
  • Failing to timely perform c-section when baby is distress. When a baby is in distress, often the best response is to immediately deliver the baby via c-section. Failure to do so can lead to a variety of problems such as oxygen deprivation that results in permanent brain damage.
  • Negligent use of extractor, vacuum or forceps during delivery. Improperly using delivery tools can lead to bruising, nerve damage and other damage to the baby’s head or face.
  • Failure to diagnose umbilical cord problems. If the umbilical cord is compressed or wrapped around the baby’s neck, the baby may suffer from oxygen deprivation leading to brain damage. Often the best way to manage the problem is to quickly deliver the baby by cesarean section.
Pursuing compensation for a birth injury

If your child was injured a birth and you believe it was due to a mistake made by the hospital and medical staff, then you have the right to file a medical malpractice lawsuit with the help of a birth injury attorney serving clients in New York City.


When Joanna was ready to delivery her baby, Dr. Rose, a obstetrician with over 20 years of experience, handled the delivery. Within 45 minutes of when Joanna started to delivery her baby, Dr. Rose decided to use a vacuum extractor, pulling the baby 3 times as he tried to deliver her. Finally, Dr. Rose delivered the baby via c-section. Within 20 hours of birth the baby suffered seizures. It was determined that the baby had extensive brain hemorrhaging. The baby suffered extensive permanent injuries, including cerebral palsy and epilepsy. Devastated, Joanna and her husband filed a lawsuit against Dr. Rose and the hospital, arguing that Dr. Rose failed to follow protocol in the manner in which he attempted to deliver the baby using a vacuum extractor.

Contact the Law Offices of Stephen Bilkis & Associates

Birth injuries can leave a family emotionally and financially devastated. If you suspect that your baby’s medical problems are due to a mistake made by a medical professional, you have the right to file a medical malpractice claim and demand damages that will help pay for the medical bills, long-term care, and pain and suffering. Contact a birth injury attorney in New York City at the Law Offices of Stephen Bilkis & Associates to discuss the details of your case. Our attorneys have the experience and resources to investigate and litigate complex medical malpractice cases to help ensure the medical professionals who caused your child’s injuries are held accountable. Contact us at 1-800-NY-NY-LAW (1-800-696-9529) to schedule a free, no obligation consultation regarding your case. We represent clients in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.

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1-800-NY-NY-LAW (1-800-696-9529)