Bringing a child into the world is one of life’s most important moments, but for some families in New York, this experience can be overshadowed by unexpected complications. A birth injury can devastate families, causing enduring physical pain, emotional distress, and financial strain, often leaving parents without a clear path forward. When these injuries are caused by medical errors, families have legal rights and options to seek compensation and support for their child’s care.
Birth Injury vs. Medical Malpractice: What’s the Difference?
First, it’s crucial to distinguish between a birth defect and a birth injury.
A birth defect is a developmental condition that is present at birth, often due to genetic or other factors outside the control of medical professionals. In contrast, a birth injury is a physical injury a baby sustains during the birth process.
A birth injury becomes a medical malpractice case when it is a direct result of a medical professional’s negligence. Legally, negligence means a medical provider failed to act with the reasonable care that another competent medical professional would have shown in similar circumstances. It’s a breach of the standard of care that leads to harm.
Common Examples of Birth Injuries Caused by Medical Malpractice
While a wide range of injuries can occur, some are tragically common in medical malpractice cases:
- Cerebral palsy: This group of disorders affects movement, balance, and posture and can result from negligence during labor and delivery. Failing to address signs of fetal distress, for example, may cause a lack of oxygen to the brain, leading to these conditions.
- Brachial plexus injuries (Erb’s palsy): This injury occurs when the nerves that send signals from the spine to the shoulder, arm, and hand are stretched or torn. It can be caused by excessive force or improper handling during delivery, especially in cases of shoulder dystocia.
- Spinal cord injuries: Spinal cord injuries, often resulting in paralysis, can be a tragic consequence of severe medical errors, such as the misuse of instruments or the application of excessive force.
- Fractures and head trauma: A baby’s fragile body can be easily harmed. Skull fractures, collarbone fractures, or other bone breaks may be caused by a medical provider’s careless actions during a difficult delivery.
The Legal Standard of Care in New York
To establish a medical malpractice case in New York, you must prove that a healthcare provider — whether a doctor, nurse, or hospital — violated their professional duty of care. You must demonstrate that this negligence was a direct and proximate cause of your child’s birth injury.
For instance, imagine a doctor failed to perform a timely C-section despite clear signs of fetal distress on the monitoring strips. If that delay led to your child’s brain injury, this would be a textbook example of a breach of the standard of care.
Navigating the Statute of Limitations in New York
New York law sets a two-and-a-half-year deadline for filing a medical malpractice lawsuit. This period usually begins either on the day the malpractice occurred or following the conclusion of ongoing treatment for the specific issue.
This shows why it’s critical to consult with an attorney as soon as possible. The sooner an investigation can begin, the stronger your case will be. Evidence can disappear, and memories can fade over time.
What Compensation Can You Recover?
A successful birth injury claim can secure compensation, or damages, to cover the lifetime of your child’s care. Such a claim typically seeks two types of damages:
- Economic damages: These cover measurable financial losses. For a birth injury, this can mean coverage for past and future medical expenses, therapeutic care, medications, specialized equipment, and potentially even lost wages for a parent who has to leave their job to provide care.
- Non-economic damages: This category covers the less tangible but equally devastating impacts of the injury. It includes financial compensation for physical and emotional suffering, as well as the diminished quality of life.
The Importance of a Skilled Birth Injury Attorney
Birth injury cases are among the most complex in personal injury law. They require a meticulous approach, including the review of extensive medical records, consultation with a network of medical experts, and a deep understanding of New York’s specific legal procedures.
An experienced birth injury attorney will handle the heavy lifting for you, allowing you to focus on your child’s health. We will investigate the case, build a compelling argument, and fight to secure the full and fair compensation you deserve.If your family has been affected by a birth injury in New York, we are here to listen and help you understand your legal options. Contact Keith D. Silverstein & Associates today for a confidential consultation to discuss your case — chat with us or leave us a message.
