New York Birth Injury Lawyer


If you are looking for a New York City birth injury lawyer, our experienced team is here to help. With years of experience in personal injury law and hundreds of success stories, we handle medical malpractice lawsuits of all types, including devastating and preventable birth injuries.

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If you or your baby were injured during delivery, our knowledgeable birth injury attorneys at Spar & Bernstein will review the details of your case, determine whether the medical professionals exhibited negligent behavior and pursue maximum compensation for your injuries or loss, if negligence is found. 

We will fight on your behalf for fair financial recovery, to ensure that both immediate and lifetime care is covered for your child.  


Statute Of Limitations  

The statute of limitations for birth injury claims or lawsuits in New York is two and a half years following the date of the injury. 

To file a wrongful death lawsuit, the statute of limitations is two years. 

Amount Of Recovery Law 

As per the New York Amount of Recovery law, there is no limit to the amount of damages you can recover following a medical malpractice. 

Patients’ Bill of Rights 

The Patients’ Bill of Rights states that as a patient in a New York State hospital, you have the right to considerate and respectful care regardless of age, race, religion, gender identity, color, national origin, sexual orientation, disability or source of income. 


The parties that can be held responsible for birth injuries in New York include: 

  • Gynecologists  
  • Obstetricians  
  • Doctors 
  • Nurses 
  • Midwives 
  • Anesthesiologists 
  • Hospitals 
  • Birthing centers 


If an infant or a mother suffers birth injuries as a result of negligent medical behavior in New York, they can pursue various types of compensation, including: 

Medical Expenses  

If you or your child sustained birth injuries caused by medical negligence, you can seek compensation for immediate and future medical expenses, such as medical treatment and equipment, rehabilitation, physical therapy, cognitive therapy and home or vehicle modifications. 

Lost Wages Of A Parent 

If you needed to take time off work to care for your child as a result of a birth injury, you can seek compensation for lost wages. 

Pain And Suffering 

If you or your child experienced injuries during delivery, you can seek compensation for pain and suffering. 

Wrongful Death 

If the sustained birth injuries led to the loss of an infant or mother, you can file a wrongful death claim. 

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What Are The Most Common Baby Birth Injuries In New York?

The most common baby birth injuries in New York include: 

  • Fractures, caused by improper use of instruments, such as a vacuum or forceps, during delivery 
  • Cerebral palsy, caused by oxygen deprivation and trauma during delivery, resulting in a motor-based disability that affects posture and balance 
  • Brain damage, caused by physical trauma, oxygen deprivation, infant jaundice or improperly treated pregnancy infections. An example of a brain damage injury is hypoxic ischemic injury encephalopathy, which can lead to seizures, breathing or organ problems. 
  • Brachial plexus injury, caused by the baby’s shoulders being caught behind the mother’s pelvis during delivery. This can result in nerve damage or ripping that can negatively affect the child’s mobility of fingers, hands and arms.  
  • Erb’s palsy, caused by pulling the infant too hard during birth, which can lead to arm weakness or paralysed 
  • Spinal cord injury, often caused by failure to diagnose spina bifida, a condition related to partial wrapping of the vertebrae around the spinal column nerves. The effects of spinal cord injuries include limited mobility, chronic pain and paralysis. 
  • Asphyxia, which occurs when the umbilical cord is wrapped around the baby’s neck, depriving the brain of oxygen and resulting in physical or mental disabilities 
  • Stillbirth, which occurs when the baby dies while still in the uterus 
  • Neonatal death, which occurs when the baby dies within 28 days of delivery 

What Are The Most Common Infant Birth Injury Signs And Symptoms?

The most common signs and symptoms of infant birth injuries immediately after delivery include: 

  • Weak reflexes 
  • Rapid or troubled breathing 
  • Pale or blue skin 
  • Swelling or bruising 
  • Extreme arching of the back 
  • An unusually high-pitched cry 
  • Seizures or convulsions 

What Long-Term Consequences Should I Expect After A Birth Injury?

Unlike immediate signs of infant birth injury, there may be long-term consequences that occur later on, including: 

  • Loss of motor function  
  • Lack of coordination 
  • Vision or hearing loss 
  • Untypical movements and muscle spasms 
  • Problems with crawling or walking 
  • Delayed speech 
  • Paralysis 
  • Seizure disorders 
  • Cognitive disabilities 
  • Learning disorders 

What Are The Most Common Causes Of Maternal Death During Childbirth?

The most common causes of maternal death during childbirth include: 

  • Postpartum hemorrhage  
  • Infection 
  • Pulmonary embolism 
  • Amniotic fluid embolism 
  • Preeclampsia / Eclampsia  
  • Placenta previa 
  • Ectopic pregnancy  

What Acts Of Negligence Can Lead To Birth Injuries?

The acts of negligence that can lead to birth complications and injuries include: 

  • Inadequate prenatal testing 
  • Failure to treat an infection in the mother or unborn baby 
  • Failure to treat a trapped umbilical cord, placenta previa or placental abruption 
  • Failure to perform tests that could have identified an issue at an early stage 
  • Failure to refer a pregnant woman at risk to other medical professionals 
  • Failure to recognize a change in the fetus condition 
  • Staff miscommunication 
  • Medication errors 
  • Ignoring the patient’s history and failing to identify risk factors 
  • Prolonging labor and delivery 
  • Delayed Cesarean section 

If you suspect the birth injuries you or your infant suffered were caused by negligent behavior, contact our experienced birth injury lawyers at Spar & Bernstein.  

We will determine whether the professionals involved used all possible resources, knowledge and tools to ensure safe delivery, and determine whether you are eligible to file a medical negligence claim or lawsuit. 

What Compensation Can I Seek If My Baby Or I Suffered Birth Injuries?

If your baby or you suffered birth injuries, you can seek compensation for: 

  • Past and future medical expenses 
  • Lost wages 
  • Reduced earning capacity 
  • Disability 
  • Rehabilitation costs 
  • Caregiving expenses 
  • Home modifications 
  • Specialized therapies 
  • Pain and suffering 
  • Emotional distress 
  • Loss of a normal childhood 
  • Diminished quality of life 
  • Wrongful death 

How Do I Know If My Child’s Birth Injuries Were Caused By Medical Negligence?

As a parent, it can be challenging to determine whether your child’s birth injuries were caused by medical negligence. That’s why contacting a knowledgeable birth injury lawyer as soon as possible is crucial.  

Our experienced attorneys at Spar & Bernstein will review your case, identify the liable parties and explain your options for seeking compensation. 

What Type Of Evidence Can Support A Birth Injury Claim?

Submitting evidence after a birth injury is a crucial part of the case. The evidence that can be used includes: 

  • Medical records showing how the pregnancy was monitored, including diagnostic work, lab test results, underlying conditions or developed complications 
  • Medical notes regarding professional medical care during the labor, delivery and postpartum stages 
  • Medical records regarding the infant’s condition after birth and care in the neonatal unit 
  • Testimonies by witnesses 
  • Testimonies by experts who can pronounce judgement on the level of care for both the infant and mother 
  • Employment records showing the time that the parents needed to take off work in order to care for the infant after the birth injuries 

Our experienced birth injury lawyers at Spar & Bernstein will review your birth injury case and collect the necessary evidence to support your personal injury claim. 

How Long Do I Have To File A Lawsuit For My Child’s Birth Injuries In New York?

You must file a birth injury lawsuit within two years and six months after the malpractice is discovered.  

If your child passes away as a result of the injuries, you need to file a lawsuit within two years after the date of death. 

Focusing on your child’s recovery and treatment or coping with your loss can be a long process accompanied by uncertainty and anguish 

Our experienced birth injury lawyers at Spar & Bernstein will be by your side throughout your case, to make sure all documents are filed on time so you can pursue fair compensation. 

Can A Child File Their Own Lawsuit For Birth Injuries After Turning 18?

Yes, a child typically has the right to file their own birth injury lawsuit after they turn 18. This is known as tolling the statute of limitations; or, in other words, the statute of limitations is paused until the child turns 18. 

If you suffered birth injuries and want to file your own lawsuit after turning 18, our knowledgeable birth injury lawyers at Spar & Bernstein can help. 

How Can Spar & Bernstein Help In Birth Injury Cases?

With years of experience, our knowledgeable birth injury lawyers at Spar & Bernstein will: 

  • Explain your legal rights and options 
  • Review all medical records 
  • Determine the parties responsible for the sustained birth injuries 
  • Communicate with medical experts to evaluate the injuries and the cost of economic and non-economic damages 
  • Prepare and file your claim or lawsuit in line with New York’s statute of limitations 
  • Represent you before hospitals, doctors and insurance companies 
  • Negotiate maximum birth injury compensation  
  • Represent you all the way to trial should negotiations not reach a settlement 

Are Birth Injuries Common In The U.S.?

6 to 8 of every 1,000 infants suffer birth injuries in the U.S., according to the Birth Injury Guide. This means that every day, 76 infants experience birth injuries, and 28,000 infants experience birth injuries each year. 

These alarming numbers show that birth injuries are not uncommon. Pursuing justice is important, both for your family and to encourage the implementation of additional measures to minimize the risk of birth injuries. 

Our experienced New York birth injury lawyers at Spar & Bernstein will be by your side every step of the way to provide legal and emotional support during an incredibly challenging time in your life. 

Experienced Leader in Immigration and Injury Law

Bradford H. Bernstein, a second-generation leader at Law Offices of Spar & Bernstein, P.C., has helped over 100,000 clients with immigration and personal injury issues. Brad joined the firm in 1993, became a partner in 1997, and assumed leadership in 2000 after Harry Spar retired.

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