New York City Birth Injury Lawyer

Birth Injuries Are Still Taking Lives in New York City

In 2020, there were 318 infant deaths across New York City, a number that includes cases linked to preventable medical errors during pregnancy, labor, and delivery.

At Sakkas, Cahn & Weiss, we fight for the families behind these numbers. When a hospital’s negligence causes injury or loss, we expose the failures, demand accountability, and secure the compensation needed to protect your child’s future and your family’s stability.

What Constitutes a Birth Injury?

A birth injury refers to any type of harm or damage that occurs to an infant before, during, or immediately after the birthing process. These injuries can range from mild, temporary conditions to severe, life-altering disabilities. It’s important to note that not all birth injuries are the result of medical negligence, but many are preventable with proper care.

Common Types of Birth Injuries We Handle

Every case is different, but many birth injuries share a common pattern: a medical team that failed to act when every second counted:

• Cerebral palsy: A group of disorders affecting movement, balance, and posture, often caused by brain damage during birth.
• Erb’s palsy: Weakness or paralysis of the arm due to injury to the brachial plexus nerves during delivery.
• Hypoxic-ischemic encephalopathy (HIE): Brain injuries caused by oxygen deprivation during birth.
• Brachial plexus injuries: Damage to the network of nerves that send signals from the spine to the shoulder, arm, and hand.
• Fractures: Broken bones, often occurring in difficult deliveries.
• Spinal cord injuries: Damage to the spinal cord, which can result in paralysis.
• Intracranial hemorrhage: Bleeding inside the skull, which can lead to brain damage.
• Caput succedaneum: Swelling of the soft tissues of the baby’s scalp.
• Cephalohematoma: Collection of blood under the periosteum of the baby’s skull.
• Facial paralysis: Injury to the facial nerve, often due to pressure on the face during delivery.

Common Causes of Birth Injuries

Many birth injuries are preventable when doctors and nurses act quickly and follow standard medical procedures:

• Failure to perform a timely C-section
• Mismanagement of fetal distress or abnormal heart rates
• Improper use of forceps or vacuum extractors
• Medication errors before or during labor
• Oxygen deprivation or delayed resuscitation
• Inadequate monitoring of the mother or baby during delivery

Distinguishing Birth Injuries from Birth Defects

It’s crucial to differentiate between birth injuries and birth defects:

• Birth injuries: Occur due to complications during pregnancy, labor, or delivery, often preventable with proper medical care.
• Birth defects: Structural or functional abnormalities present at birth, typically due to genetic factors or environmental influences during pregnancy.

As New York birth injury lawyers, we focus on cases where the injury could have been prevented with appropriate medical care.

Signs and Symptoms of Birth Injuries

Identifying a birth injury can sometimes be challenging, as symptoms may not be immediately apparent. Some signs to watch for include:

• Seizures or tremors
• Difficulty feeding or swallowing
• Excessive drooling
• Weak or absent reflexes
• Muscle stiffness or floppiness
• Delayed developmental milestones
• Asymmetrical facial movements
• Inability to move certain limbs
• Abnormal eye movements
• Excessive fussiness or irritability

When to Consult a Birth Injury Lawyer

If you suspect your child has suffered a birth injury, it’s advisable to consult with a birth injury or medical malpractice lawyer in New York. Consider seeking legal advice if:

• Your child has been diagnosed with a condition that may be related to a birth injury.
• You noticed signs of distress or complications during labor or delivery.
• Medical staff seemed unprepared or overwhelmed during the birthing process.
• There were unexpected interventions or procedures during delivery.
• Your child is exhibiting developmental delays or physical symptoms.
• You have concerns about the quality of care received during pregnancy, labor, or delivery.

Compensation You May Be Entitled to After a Birth Injury

While no amount of money can undo the injury, proper compensation can ensure that your child receives the best possible care and support throughout their life. Here’s a detailed look at the types of compensation you may be entitled to after a birth injury:

• Medical expenses: Past and future medical treatments, surgeries and hospital stays, medication costs, specialized medical equipment, and home healthcare services.
• Rehabilitation and therapy costs: Physical, occupational, speech, cognitive, and behavioral therapies to support ongoing recovery and development.
• Assistive devices and home modifications: Wheelchairs or mobility aids, communication devices, adaptive vehicles, and home modifications such as ramps, wider doorways, and accessible bathrooms.
• Lost wages and earning capacity: Parents’ lost income due to caregiving responsibilities and the child’s potential lost earning capacity in adulthood.
• Pain and suffering: Physical pain endured by the child and emotional distress experienced by both the child and family.
• Loss of quality of life: Diminished enjoyment of life activities and the loss of the ability to participate in normal childhood experiences.
• Special education costs: Specialized schooling, tutoring, and educational support services tailored to the child’s needs.
• Life care expenses: Long-term care costs, including the potential need for lifelong medical assistance or residential care facilities.
• Punitive damages: Awarded in cases involving gross negligence or willful misconduct to hold healthcare providers fully accountable.

As New York birth injury attorneys, we work diligently to calculate the full extent of these damages, considering both current and future needs. This often involves collaborating with medical professionals, life care planners, and economic experts to project the lifelong costs associated with the birth injury.

Filing a Birth Injury Lawsuit: What Families Need to Know

Pursuing justice after a preventable birth injury may feel overwhelming, but the right legal team can make the process clear, strategic, and empowering for families. At Sakkas, Cahn & Weiss, LLP, we handle every phase, from investigation to trial, so you can focus on your child’s care while we focus on accountability.

When You Can File a Birth Injury Claim in NY

A birth injury lawsuit can be filed when medical negligence during pregnancy, labor, or delivery causes harm to a newborn or the mother.

This includes situations where doctors failed to act on signs of distress, delayed an emergency C-section, misused delivery tools, or ignored standard medical protocols.

Pursuing a birth injury lawsuit can seem daunting, but with the right legal team, the process becomes manageable. At Sakkas, Cahn & Weiss, LLP, we guide our clients through each step of the legal journey:

• Initial Consultation: We meet with you to discuss the details of your case, answer your questions, and explain your legal options.
• Investigation: Our team conducts a thorough investigation, gathering medical records, consulting with experts, and building a strong foundation for your case.
• Filing the Lawsuit: If negotiations with the responsible parties don’t yield a fair settlement, we file a lawsuit on your behalf.
• Discovery: Both sides exchange information and evidence related to the case.
• Negotiations: We engage in settlement negotiations, always striving for a fair resolution that meets your needs.
• Trial: If a settlement can’t be reached, we’re prepared to take your case to trial and advocate for you in court.

Throughout this process, we keep you informed and involved, ensuring that you understand each development in your case.

What We’ll Need to Prove

To succeed in a birth injury case, we must demonstrate that a medical provider’s negligence directly caused the injury.

That means proving:

• A doctor-patient relationship existed.
• The provider failed to meet the accepted standard of medical care.
• That failure directly caused harm to the child or mother.
• The injury resulted in measurable damages, including medical costs, therapy expenses, and long-term care needs.

Our attorneys collaborate with medical experts and life-care planners to document every consequence of the injury and establish the full scope of compensation your family deserves.

Deadlines for Filing a Birth Injury Claim in NYC

In New York, there are strict time limits for filing a birth injury lawsuit. Generally, the statute of limitations for medical malpractice cases is 2.5 years from the date of the injury. However, for birth injury cases, this time limit may be extended due to the “discovery rule” or if the injured party is a minor.

Because time can vary based on the specific circumstances, families should contact a lawyer as soon as they suspect malpractice.

As experienced birth injury lawyers in New York, we strongly advise families to seek legal counsel as soon as possible after discovering a child's birth injury. Early action not only ensures compliance with legal deadlines but also allows for a more thorough investigation while the evidence is still fresh.