New York Birth Injury Lawsuit - Medical Malpractice Lawsuit
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New York Birth Injury Lawsuit

scale of justiceThere are few events in life that eclipse the heartache and trauma of a preventable birth injury. If you suspect medical malpractice played a role in your baby’s disability and you want answers about your rights to compensation, contact the New York birth injury attorneys at The Sanders Firm for a complimentary case evaluation.

Our team of compassionate professionals understands the devastating nature of these injuries, and is dedicated to fighting for the rights of innocent victims.

Infants who suffer brachial plexus injuries, bone fractures, or brain damage often face extensive hospital stays, treatments and therapies that typically translate into a lifetime of physical and mental challenges.

About 7 in every 1,000 children born in the U.S. suffer from a birth injury. A number of these cases may be caused by negligence, because a healthcare professional failed to react in a timely way to signs of fetal distress. Families who suffer these sorts of tragedies may find justice with the help of a lawyer who is well-versed in birth injury malpractice litigation.

Types of birth injuries

During the birthing process, the hospital, doctors, and nurses are all expected to provide a certain standard of care. Mother and baby are to be monitored appropriately to ensure their safety and the successful delivery of the child.

The following birth injuries may stem from negligence or errors during labor/delivery:

  • Bruising or lacerations
  • Bone fractures
  • Brain damage
  • Cerebral palsy
  • Cephalohematoma
  • Hypoxic ischemic encephalopathy (HIE)
  • Brachial plexus injury
  • Erb’s palsy
  • Paralysis
  • Spinal cord injuries
  • Skull injuries
  • Infections
  • Internal bleeding
  • Lung and breathing problems

If malpractice was a contributing factor, injured children and their families may be eligible for compensation to cover past and future medical expenses, at-home medical care, assistance devices, pain and suffering, special schooling, reduced earning capacity, lost wages, and other damages.

At The Sanders Firm, our lawyers and support staff will conduct a thorough review to establish what really happened on the day of your child’s birth. By examining delivery room records, fetal heart monitoring strips, physician logs and other pertinent documents, our team can accurately pinpoint if doctor error or negligence caused your child’s injury or if the standard of care was not met by your attending healthcare providers.

Liability for birth injury malpractice in New York

Our medical malpractice attorneys understand the economic and emotional hardships facing children and families affected by life-altering birth injuries. We will determine whether your experience warrants legal action, and if so, will fight for maximum damages to help secure your child’s financial future.

Every year, families are awarded multi-million dollar settlements and court awards in malpractice claims involving cerebral palsy and other devastating birth injuries.

Common allegations raised in a birth injury lawsuit include:

  • Improper or delayed management of shoulder dystocia
  • Failure to detect and respond to symptoms of fetal distress
  • Failure to perform a Cesarean section in a timely manner
  • C-section mistakes
  • Excessive use of vacuums or forceps
  • Failure to anticipate problems with a high risk birth
  • Failure to diagnose or respond to gestational diabetes or maternal infection
  • Improper use of Pitocin to induce labor
  • Failure to provide proper prenatal treatment
  • Failure to treat umbilical problems
  • Negligent monitoring and treatment of prematurely ruptured membranes

Parents rely completely on the expertise and experience of healthcare professionals throughout the delivery process. Unfortunately, medical professionals can make mistakes or use lapses in judgment. Because of carelessness, fatigue, improper staffing, or simply failing to comply with standards of care, a physician can make one or more critical errors that result in lifelong consequences.

If your child suffered the ramifications of such negligence, our dedicated birth injury attorneys can help you assess your options for legal recourse. Whether your little one needs a series of corrective surgeries or requires round-the-clock care for the foreseeable future, it is our goal to help you recover the funds necessary to give your child the best treatment possible.

New York birth injury attorneys

The costs of raising a child with special needs can tally in the millions of dollars over the course of a lifetime.  Expensive medications, doctor’s appointments, physical therapy and in-home devices can put families on the brink of financial ruin. At Sanders, we are committed to pursuing justice and advocate for those who’ve been harmed by medical negligence. For over 46 years, our NY medical malpractice attorneys have successfully represented other parents with similar difficulties, helping them recover fair reparations so they can move on with their lives.

If you suspect that your child’s harm was caused by negligent prenatal or delivery room care in New York, including Manhattan, Queens, Brooklyn, Bronx, Staten Island, or Long Island, you may benefit from a free consultation with a lawyer at The Sanders Firm.

Our professional team can help you determine the extent of your rights and whether you may be eligible for monetary damages by filing a medical malpractice lawsuit. Your child deserves only the best of care. Call our offices anytime toll-free: 1-800-Fair-Play (800-324-7752).


  1. CPInfo.org, Cost of Cerebral Palsy, https://www.cpinfo.org/cerebral-palsy-causes-and-risks/cost-of-cerebral-palsy/

  2. PubMed, Caesarean section for fetal distress https://www.ncbi.nlm.nih.gov/pmc/articles/PMC1120414/

  3. Birthinjury.org, Brachial plexus, https://birthinjury.org/brachial-plexus.html 

  4. The Republic, Lawyers: $9M proposed settlement for Virginia boy with cerebral palsy born in Hawaii hospital, https://www.therepublic.com/view/story/a0a4811ce6da450c97380478dffdf95b/HI--Medical-Malpractice-Settlement/