Why Families Trust Our Birth Injury Attorneys
Our firm is dedicated to pursuing justice for all New Yorkers, especially vulnerable children harmed by preventable medical errors. Here’s why countless NYC families have trusted us to handle their birth injury claims during some of the most challenging times of their lives:
- Decades of experience: Founded in 1967, our firm has represented injured people and their loved ones throughout New York for more than 50 years.
- Litigation-focused approach: We’re prepared to go to trial whenever necessary to seek the best possible results for our clients.
- Proven results: Our attorneys have recovered billions in verdicts and settlements for people who’ve suffered harm due to someone else’s negligence.
- Medical expert resources: We have an expansive network of medical experts available to establish how the provider’s actions deviated from the standard of care and led to the birth injury.
- Client-focused representation: Every birth injury is personal to us. We provide compassionate support and clear communication while standing up to powerful medical providers and their insurers.
They kept me informed every step of the way, couldn’t have asked for a better representation.
Great big thank you to sanders brooklyn office, Ali, and Aziz for their support and dedication during my settlement case. From the very beginning the team was professional, compassionate, and truly committed to achieving the best outcome for me.
Rashid K.
Working with The Sanders Law Firm was easy.
I appreciate all they did for me. Thank you Shahzoda!
Kristina G.
Great service and amazing team.
Thank you Brooklyn office, especially Shakhzoda and Ali.
Mukhriddin R.
Types of Birth Injury Cases We Handle in New York
We represent families affected by a wide range of preventable birth injuries, including:
- Bone fractures: Excessive force during delivery can fracture a newborn’s delicate bones, most commonly in the collarbone or arm.
- Brachial plexus injury and Erb’s palsy: The stretching of shoulder nerves during a difficult delivery may cause weakness or paralysis in a newborn’s arm.
- Shoulder dystocia: When a baby’s shoulder becomes stuck in the birth canal, the newborn may suffer nerve damage or oxygen deprivation.
- C-section mistakes: Failure to perform a timely cesarean section when necessary or errors during the procedure itself can lead to preventable injuries.
- Cerebral palsy: This condition affects muscle control and movement, often developing when a baby experiences oxygen deprivation during labor or delivery.
- Hypoxic ischemic encephalopathy: Reduced oxygen to the baby’s brain during delivery can cause long-term neurological disabilities.
- Umbilical cord problems: Cord compression and prolapse can reduce the amount of blood that flows to a baby’s brain.
What Causes Preventable Birth Injuries?
Around 29 birth injuries happen for every 1,000 live births in the United States. That adds up to more than 100,000 birth injuries each year nationwide. While not all of these injuries result from medical negligence, many are preventable.
Labor and delivery carry natural risks, but many of those risks can be minimized with proper care. Doctors, midwives, nurses, and other hospital staff must follow the accepted standard of care, meaning they must act as other reasonably careful providers would in the same situation. Preventable birth injuries often occur when medical providers fail to properly address complications, don’t screen for warning signs, or perform procedures incorrectly.
Many types of negligence can cause harm to a baby during labor or delivery, including:
- Failing to monitor for fetal distress
- Failing to perform a timely cesarean section when necessary
- Using excessive force with forceps or vacuum extractors
- Administering an incorrect dosage of pain medication, anesthesia, or labor-inducing drugs
- Failing to perform accepted delivery maneuvers in cases of shoulder dystocia
Common Signs Your Child Might Have a Birth Injury
Some birth injuries are apparent shortly after delivery. Signs that might appear in newborns include difficulty feeding, swelling or bruising, breathing problems, extreme fussiness, and a hoarse-sounding cry.
In many cases, birth injuries don’t become obvious until a child grows. Older infants or toddlers with neurological birth injuries may show signs such as:
- Speech delays
- Missed motor milestones, such as sitting up or walking
- Learning disabilities
- Stiff or loose muscles
- Seizures
- Uneven facial movements
- Weak reflexes
- Limited arm movement
- Tremors
- Vision or hearing problems
- Poor coordination or balance
- Uncontrollable movements
If you notice any concerning symptoms, it’s important to talk to your child’s doctor and seek a thorough medical evaluation. If your child is diagnosed with a birth injury or you suspect medical negligence may have played a role, speaking with our attorneys can help you understand your legal options.
What Types of Compensation Are Available in a Birth Injury Lawsuit?
An injury at birth can create significant financial and emotional challenges for families. In severe cases, the consequences of the injury can follow the child for a lifetime. If medical negligence contributed to your child’s birth injury, we can help you pursue compensation to address both current and future needs, including:
- Medical expenses
- Rehabilitation and therapy, such as physical, occupational, and speech therapy services
- Disability-related expenses, such as in-home nursing or mobility aids
- Special education needs
- Lost earning capacity for the ways the injury is expected to impact your child’s ability to work in the future
- Pain and suffering for the physical and emotional impacts of the injury
- Loss of enjoyment of life due to the injury’s impact on the types of activities your child can participate in
We Have Your Back
Founded in 1967, The Sanders Law Firm has grown into a large, thriving organization of attorneys, paralegals, medical consultants, and support staff – all committed to providing the highest level of legal representation to injured New Yorkers.
How Long Do You Have To File a Birth Injury Lawsuit in New York?
In New York, you generally have two years and six months to file a medical malpractice lawsuit. This time limit usually starts on the date the medical error occurred.
However, different rules may apply when the injured patient is a child. If your child was injured at birth, the filing deadline may be extended to up to 10 years from the date of the malpractice. Even if you have plenty of time until this deadline, it’s best to contact our attorneys as soon as possible so we can start preserving critical evidence before it fades.
What To Expect When You Pursue a Birth Injury Lawsuit
Here’s what the legal process might involve when you hire our New York birth injury lawyers:
- Free consultation: Our lawyers will review your family’s situation and inform you of your options.
- Investigation: We’ll evaluate what caused your child’s injury and determine whether the care provided fell below the accepted standards.
- Filing: If there is evidence of negligence, we’ll file a lawsuit against the responsible providers or facility.
- Discovery: Both sides will exchange information and evidence.
- Settlement discussions: We may meet with the provider’s malpractice insurer to negotiate a settlement.
- Trial: If we don’t reach a settlement agreement, the case may proceed to trial for a judge or jury to decide.
What a Manhattan Birth Injury Lawyer Can Do for You
You’re dealing with enough stress after your child has suffered a birth injury. When you hire our firm to represent your family, we’ll handle every aspect of your claim, including:
- Obtaining detailed records of your delivery
- Collaborating with medical experts to evaluate whether negligence occurred
- Identifying all health care providers that may be responsible for your child’s injury
- Documenting your child’s current and future medical needs
- Calculating the full value of your family’s damages
- Handling communications with malpractice insurers
- Filing a lawsuit and managing the legal process
- Negotiating a pre-trial settlement
- Representing your family in trial
- Pursuing maximum compensation for your and your child’s losses
As your case progresses, we’ll keep you informed about important developments so you’re never left wondering where you stand. Our team will remain available to answer your questions while giving you the space to focus on your child’s health.
Choosing the Right NYC Birth Injury Lawyer
When considering who should represent your birth injury lawsuit, consider the following questions:
What birth injury litigation experience does the firm have?
The personal injury field is broad, encompassing many case types that lack the complexity of a birth injury case. You don’t want to hire a New York NY injury firm that only handles generalized injury claims, such as motor vehicle accidents and premises liability. You want a firm with a successful track record of going up against hospitals and doctors in birth injury malpractice suits.
How long will it take for my case to be resolved?
A good birth injury attorney understands the burden of medical bills and how you’ve waited for answers about your child. They should be able to give you a general guideline as to how long a medical malpractice lawsuit may take to resolve. Every claim is unique, but our attorneys typically advise clients that simpler cases can be wrapped up in as little as six months, whereas more complex litigation can last several years.
Will my birth injury case go to trial?
Experienced birth injury attorneys know whether it’s more likely for your case to settle or go all the way to trial. Lawyers who try these cases regularly can share their reputation and experience with you, although each case is handled individually and depends on a number of different factors.
How much will it cost to resolve my case?
Do not trust any firm that asks for money up-front or charges a consultation fee. Some firms ask clients to pay just to review a case. Typically, if a case is won, clients are charged a portion of their settlement or jury award based on a graduated fee. This should be spelled out in advance.
What is the process for taking legal action?
The best lawyers communicate the process clearly, so you know what to expect. Usually, you begin by signing authorizations so the staff can collect your medical records and conduct discovery on your behalf. The lawyer will also have you sign a contingent fee agreement, explaining the terms of legal representation based on whether you win or lose. Next, the legal team will conduct an investigation and liaise with the defendants. From there, meetings with the judge and opposing party will determine whether the case settles or goes to trial. Clients may need to answer written questions, provide a deposition, and testify in court.
Our New York City Birth Injury Lawyers Are Ready To Help You Move Forward
Your family deserves answers, accountability, and resources after a preventable birth injury. The Sanders Law Firm is here to help you pursue exactly that.
Start moving forward with a free, confidential consultation. We represent clients on a contingency fee basis, so we only get paid if we win compensation on your behalf. Contact us online or call (833) SANDERS to discuss your case with our trusted birth injury attorneys today.