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New York Birth Injury Lawyer

When something goes wrong during labor and your baby suffers harm, it’s important to understand your legal options. A New York birth injury lawyer can help you fight for the justice you and your child deserve.

How can the New York birth injury lawyers at Levin & Perconti help with my lawsuit?

At Levin & Perconti, our team of attorneys are nationally recognized for their birth injury work and have experience litigating complex cases. Since our founding, we have recovered nearly a billion dollars in settlements and verdicts on behalf of our clients. We are proud to fight for our clients’ rights and are committed to helping them achieve justice.

Some of our recent birth injury verdicts and settlements include:

  • $20 million verdict for a child who suffered a brain injury due to the negligence of nurses and residents during labor
  • $16 million settlement for a child who suffered a brain injury due to negligent nursing and medical care during labor and cesarean section.
  • $14 million verdict for a child who suffered a brain injury due to lack of oxygen during birth
  • $11.5 million settlement for a child with hypoxic-ischemic brain injury

If you or your child suffered a birth injury as a result of medical malpractice, reach out to our birth injury lawyers as soon as possible to discuss your options.

A very important and fulfilling part of our practice is representing families whose children have been injured at birth. Unfortunately, the birthing process is complex, and children suffer injuries ranging from cerebral palsy to nerve damage, to sometimes even death.

Do not wait any longer. Contact Levin & Perconti today for a free case consultation.

About Our Birth Injury Lawyers

Dov Apfel and Seth Cardeli are two of the leading birth injury attorneys in the nation. They have litigated cases throughout the United States and at the federal level, and are passionate advocates for the families they represent. Dov Apfel is nationally known for his high level of medical knowledge, and acts as a resource for attorneys, judges, and healthcare providers throughout the country. He has been practicing in the field of birth injury for over 40 years and was the recipient of the Dan Cullan Memorial Lifetime Achievement Award presented by the AAJ Birth Injury Trauma Litigation Group in 2011. Apfel and Cardeli have presented at dozens of educational events and written for numerous publications. In 2020, they secured one of the top five highest medical malpractice settlements in the nation.


How long after a birth injury can you sue in New York?

In New York, birth injury claims fall under the state’s medical malpractice laws. The time limit to file a lawsuit for medical malpractice in New York is 2.5 years generally, but there are circumstances that can extend the statute of limitations to as long as 10 years.

There are many other factors that can impact the length of time you have to file a birth injury lawsuit, making the time limit shorter or longer. For this reason, it’s important to speak with a birth injury lawyer as soon as possible to know your rights, your eligibility to recover compensation for your losses, and the statute of limitations for birth injury.

How much is my birth injury claim worth?

Oftentimes, these are the most difficult cases to handle because of the devastating effect these birth injuries have on families and children. But it enables these families to have the resources necessary to care for the devastating injuries their children have suffered.

If you or your child suffered a birth injury, you might be entitled to compensation. In New York, this compensation includes economic, non-economic, and punitive damages.

Economic Damages

These damages are the tangible monetary losses that result from the incident. They include:

  • Past, current, and future medical bills (doctor visits, surgeries, hospital stays, and prescription medications)
  • Lost wages and lost earning capacity
  • Rehabilitative services
  • At-home nursing care
  • Other out-of-pocket expenses

Non-Economic Damages

Non-economic damages refer to the personal losses that occur following an accident.

These losses can be more challenging to quantify, but they often include:

  • Pain and suffering
  • Mental anguish
  • Loss of enjoyment of life
  • Disfigurement and scarring

Punitive Damages

Unlike the other damages that compensate the victim for their losses, punitive damages punish the defendant for their actions and deter others from committing similar acts in the future. However, for a court to award these damages, the victim’s lawyer must show that the defendant consciously and deliberately disregarded the plaintiff’s interests.

It’s also important to note that New York does not have any damage caps on medical malpractice claims. However, state regulations under New York’s Civil Practice Laws & Rules Article 14-A reduce any compensation the plaintiff may receive by the percentage they are found at fault for the injury.

What Are the Causes of Birth Injuries in New York?

Most birth injuries occur because a doctor, midwife, labor nurse, or other birthing practitioner makes critical errors during pregnancy, birth, or shortly after birth.

Mistakes During Pregnancy

If a doctor fails to diagnose health conditions affecting the mother during pregnancy, the fetus could experience abnormal brain development, malformation of the limbs, excessive weight gain, deprivation of oxygen, or death. Some unaddressed prenatal conditions can also harm the mother. Conditions of pregnancy that may harm the mother or fetus include preeclampsia, iron deficiency, undiagnosed maternal infections during pregnancy, and gestational diabetes.

A doctor can also harm a fetus during pregnancy by mismanaging these conditions or prescribing medication that harms the fetus.

Mistakes During Childbirth

Most birth injuries occur during childbirth. Childbirth is a complex process that requires health care providers to work as a team and remain alert and decisive at all times. Fast action is needed when there are signs of fetal distress because it could mean the baby is deprived of oxygen. It only takes a few minutes for oxygen deprivation to cause permanent brain damage or death. Other common medical errors during childbirth that often harm the baby include the following:

Some birth injuries occur shortly after birth, such as when a provider fails to notice signs of low oxygen, jaundice, or hypoxic-ischemic encephalopathy.

What is New York's indemnity fund for birth injury damages?

New York’s indemnity fund for birth injuries covers healthcare costs of qualified infants in specific New York medical malpractice claims. Specifically, infants who suffered neurological damage from a mechanical injury or oxygen deprivation are eligible. This fund does not cover compensation for injuries that resulted outside the delivery room.

Any individual in a court-approved settlement or in a judgment found to have suffered a birth-related neurological injury because of medical malpractice or alleged medical malpractice can enroll in the fund.

However, it’s important to note that the fund actually limits your ability to recover future medical expenses should your child’s needs change throughout their lifetime due to their injury. Therefore, it’s recommended that you speak with a knowledgeable birth injury attorney for a thorough evaluation of your case before enrolling in the fund.

How do I prove my NY birth injury case?

To prove a birth injury case in New York, the plaintiff’s lawyer must show that the patient was harmed by a doctor who failed to perform their medical duties competently, leading to injury and monetary damages.

Generally, to prove these elements of medical malpractice, an attorney will need to bring in experts such as doctors and other specialists who can examine medical records and determine whether the doctor failed to meet the accepted medical standard of care.

Birth Injuries Can Affect the Mother and Child

Of the various birth injuries an infant might sustain during labor and deliver, the more common injuries tend to include:

  • Cerebral Palsy: CP is a group of motor disabilities caused by physical damage to the brain or a lack of oxygen. It’s characterized by physical disabilities such as mobility problems, uncontrollable movements, and poor balance.
  • Spinal cord trauma: Spinal injuries can be caused by a doctor improperly positioning an infant during delivery.
  • Asphyxia: Asphyxia occurs when the baby is unable to breathe for some time. The lack of oxygen can lead to severe brain damage and other physical and mental disabilities.
  • Brachial plexus injuries: These injuries, such as Erb’s Palsy, arise when inappropriate traction is used to deliver an infant after its shoulder gets stuck behind the mother’s pelvic bone during delivery.

The mother can also suffer birth injuries with lasting complications, including:

  • Placental abruption: This condition occurs when the placenta separates from the inner wall of the uterus before birth, causing heavy bleeding and depriving the baby of nutrients and oxygen.
  • Gestational diabetes: This condition is a form of high blood sugar that specifically affects pregnant women. If the doctor does not provide the medication needed to treat gestational diabetes, it can endanger mom and baby.
  • Preeclampsia: This condition refers to high blood pressure during pregnancy. It can lead to kidney damage and other problems, especially if a doctor does not prescribe proper medication.
  • Delayed delivery: If the doctor fails to induce labor or deliver the baby when medically necessary, it can cause numerous problems and injuries while giving birth.
  • Improper Cesarean section: When a medical professional fails to perform a C-section on time or makes mistakes during the procedure, it can lead to bleeding and internal organ damage, as well as a lifetime of medical issues for the baby.

New York Birth Injury FAQs

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No two birth injury cases are the same when it comes to damages. We have obtained verdicts and settlements in birth injury cases ranging from $750,000 to $40 million. When calculating your claim value, we will consider the lifetime costs of caring for your child’s special needs and the effects of the injury on your family. Recoverable losses may include the parents’ lost wages, the child’s ongoing medical expenses, the child’s pain and suffering, and numerous other damages.

New York law allows medical malpractice lawyers to collect up to the following through contingency fee arrangements:

  • 30 percent of the first $250,000 you recover
  • 25 percent of the next $250,000
  • 20 percent of the next $500,000
  • 15 percent of the next $250,000
  • 10 percent of any amount that exceeds $1.25 million

Yes, it is standard practice for birth injury attorneys in New York to operate on contingency fee arrangements. This means you pay nothing upfront and only owe attorney fees if they successfully recover compensation. At Levin & Perconti, we also advance all of your case costs, taking on all the risks associated with your case. These include consultant and expert witness fees, filing fees, and other incidental costs. You owe us nothing unless we win.

Call Our New York Birth Injury Lawyers for Help

If you or your child has suffered a birth injury, our award-winning New York birth injury lawyers are ready to fight for you to recover the maximum compensation available. As nationwide advocates of children with disabilities stemming from birth injuries, our knowledge of state and federal birth injury laws is unmatched.

With over $2 billion in successful case results, our adversaries know we will not settle for less than you deserve. Our reputation provides powerful leverage to negotiate the maximum compensation available. We offer a free, confidential consultation with no obligation. We do all the work while guiding and supporting you throughout the process.

Call our knowledgeable New York birth injury lawyers today at (312) 332-2872 for a free consultation, or contact us online.