Member of:
Justia Lawyer Rating
American Association for Justice
NYSTLA
Union Plus
AARP

New York Labor Negligence

There are a number of complications that can arise during labor and delivery. In some cases the complication is foreseeable based on the risk factors presented by the mother’s medical history and by events that occurred during the pregnancy. In other cases complications are not foreseeable. Regardless of whether a complication was foreseeable or not, it is reasonable to expect that your doctor has the skill and knowledge to respond to the condition and prevent the baby and the mother from suffering a serious injury. For example, if the baby is postmature or is large for another reason, the doctor should understand that a vaginal delivery may be problematic and lead to the baby being injured. Similarly, if the mother had a previous c-section, the doctor should understand the risks associated with attempting a vaginal delivery. If your baby suffered a serious birth injury because your doctor made a mistake or error in judgment during labor and delivery, it is important that you immediately contact an experienced New York labor negligence lawyer as you may be entitled to recompense related to the injuries your baby suffered.

Common types of labor negligence
  • Failure to monitor. Fetal monitoring will alert the medical staff of problems with the baby such as fetal distress, allowing the doctor to quickly respond by performing an immediate c-section or treating the condition in some other appropriate manner. Fetal distress is a sign of a lack of oxygen. If the baby goes too long without being sufficiently oxygenated, the baby can suffer brain damage.
  • Delayed c-section. When the baby is in distress, an immediate c-section may be necessary to minimize injury. If the doctor does not respond timely to the baby’s distress by performing a c-section, the result could be brain damage or another type of permanent injury
  • Failure to treat Rh incompatibility. Doctors must perform a blood test on pregnant women in order to determine if there is a blood incompatibility with the baby. As a New York labor negligence attorney will explain, failure to properly treat Rh incompatibility can lead to brain damage.
  • Negligent use of forceps. Forceps are a type of delivery tool that are sometimes used when a vaginal birth has been prolonged. If forceps are used negligently, the baby could end up with a skull fracture, spinal injuries, facial injuries, and brain damage.
Pursuing compensation for labor negligence

While labor and delivery are complicated and there are a myriad of things that can go wrong, doctors are highly trained and are expected to be able to manage risks, respond to complications, and monitor both the mother and baby in such a way that no injury is sustained by the mother or the baby. If the medical staffs fails to follow accepted protocol and provides less than a reasonable standard of care to the mother and baby, then serious injuries may result. Brain injuries, broken bones, spinal injuries, hemorrhages, and nerve damage during labor and delivery can often be avoided with proper care. As a labor negligence attorney in New York will explain, if your doctor made mistakes during labor and delivery causing serious injury, you have the right to demand compensation. Treatment for these conditions can be quite expensive. It is only fair that the person who caused the injury bear the financial burden of the associated medical bills and other losses.

Contact the Law Offices of Stephen Bilkis & Associates

If you believe your baby’s birth injury was caused by medical negligence, it is critical that you have experienced representation. The labor negligence attorneys serving New York at the Law Offices of Stephen Bilkis & Associates has decades of experience and will use our knowledge and resources to help you determine who was at fault. Contact us at 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.

Client Reviews
★★★★★
Great attorney helped out my family at a very hard time for us. His compassion and professionalism were greatly appreciated. Can't thank him and his staff enough for all the support and legal guidance ! Brad
★★★★★
Everyone was great, they created solutions to what I thought were insurmountable problems. The lawyers were prepared and clearly experienced. Thomas B.
★★★★★
Unbelievably easy and professional experience. Great communication and got the job done. Would highly recommend to anyone needing representation. Emily K.
★★★★★
Mr. Bilkis is courteous, and professional. I have had the pleasure of knowing him for many years. He is knowledgeable and hard working. Hire Stephen Bilkis for your all of your legal needs. He will fight for you and your family. Shawn S.