Brooklyn Birth Injury Lawyer

When a child suffers an injury during childbirth due to medical negligence, families face overwhelming physical, emotional, and financial challenges. Parker Waichman LLP represents families throughout Brooklyn who have experienced birth injuries caused by hospital errors, physician mistakes, or failures in standard medical care. We understand the impact these injuries can have on your family, and we work to pursue compensation your child may be entitled to. Contact us today for a free consultation—we work on a contingency fee basis, meaning you pay nothing unless we recover compensation for you.

Why Choose Parker Waichman LLP for Your Birth Injury Case

When your child’s future is at stake, you need an attorney with the experience, resources, and dedication to advocate for your interests. Parker Waichman LLP brings decades of experience in medical malpractice and birth injury litigation to every case we handle.

Our firm reports recovering over $2 billion for clients across all practice areas, including settlements and verdicts in medical malpractice cases. Founding partner Jerrold S. Parker has spent more than 40 years representing injured clients and their families and has been recognized as a Best Lawyer in America since 2010, along with a Martindale-Hubbell AV Preeminent rating.

Our team includes attorneys with experience in medical negligence cases. We have the resources to retain qualified medical professionals, investigate your case, and negotiate with insurance companies. We also understand that every family’s situation is different, which is why we provide individualized attention and guidance throughout the legal process.

Our firm maintains 24/7 phone availability to answer your initial questions. An attorney will contact you during business hours to discuss your legal options. We work on a contingency fee basis, meaning there are no upfront costs or fees unless we recover compensation for you. Your focus should be on your child’s recovery and care—we handle the legal process.

Common Birth Injuries in Brooklyn Medical Malpractice Cases

Birth injuries can range from minor, temporary conditions to severe, long-term disabilities. Understanding the types of injuries that may result from medical negligence can help families recognize when they may have a valid claim. Our Brooklyn medical malpractice attorneys have handled numerous cases involving these serious injuries.

Cerebral Palsy and Brain Injuries

Cerebral palsy is one of the most serious birth injuries and can be caused by oxygen deprivation (hypoxia) during labor and delivery, though many cases originate from prenatal factors. When medical professionals fail to detect fetal distress during labor, delay necessary interventions, or make errors during delivery, the baby’s brain may be deprived of oxygen, potentially resulting in permanent neurological damage.

Children with cerebral palsy may experience muscle weakness, coordination problems, and developmental delays. The condition often involves ongoing medical care, physical therapy, special education, and assistive devices. Families may face significant long-term care costs, which in some cases can exceed $1 million. Catastrophic injuries like cerebral palsy require comprehensive legal representation to ensure families receive full compensation.

Hypoxic-ischemic encephalopathy (HIE) is another serious brain injury that occurs when the baby’s brain does not receive enough oxygen and blood flow. HIE may result in seizures, developmental delays, cognitive impairment, and cerebral palsy. Neonatal brain bleed injuries are similarly serious conditions that require immediate medical attention and legal action.

Brachial Plexus Injuries (Erb’s Palsy)

Brachial plexus injuries occur when the nerves controlling the arm and hand are damaged during delivery. These injuries may result from improper handling of the baby during delivery, excessive pulling on the head and neck, or complications from shoulder dystocia (when the baby’s shoulder becomes stuck during delivery).

Erb’s palsy can cause weakness or paralysis of the arm and hand. In some cases, the nerve damage improves with time or physical therapy. In other cases, the injury may result in long-term impairment requiring surgical intervention and ongoing rehabilitation. Traumatic brain injuries and nerve damage often occur together during complicated deliveries.

Other Birth Injuries

Additional birth injuries that may result from medical negligence include:

• Clavicle fractures – broken collarbone from improper delivery techniques
• Cephalohematoma – bleeding between the baby’s skull and scalp, sometimes associated with forceps or vacuum extraction
• Maternal injuries – postpartum hemorrhage, infections, or sepsis associated with complications during delivery

What Causes Birth Injuries in Brooklyn Hospitals

Birth injuries are often associated with medical negligence—when healthcare providers fail to meet the standard of care expected in the medical community. Common causes of birth injuries include:

• Failure to detect fetal distress – Monitoring equipment should alert medical staff when the baby is not receiving enough oxygen. Failure to recognize or respond to warning signs may result in serious injury.
• Delayed or unnecessary cesarean section – When vaginal delivery becomes unsafe, a timely C-section may help reduce the risk of injury. Delays in performing this procedure can lead to harm.
• Improper use of forceps or vacuum extraction – These delivery instruments must be used carefully. Improper technique may cause nerve damage, fractures, or brain injury.
• Medication errors during labor – Incorrect dosages or administration of labor-inducing medications can cause complications for mother and baby. Medication errors are a leading cause of preventable birth injuries.
• Anesthesia mistakes – Errors in administering epidurals or other anesthesia can harm both mother and child.
• Failure to monitor mother and baby – Continuous monitoring during labor is important to detect problems early. Inadequate monitoring may allow complications to develop.
• Inadequate prenatal care or screening – Failure to identify high-risk pregnancies or maternal conditions can increase the risk of birth injuries.
• Infection or sepsis – Hospital-acquired infections or failure to treat maternal infections promptly can cause serious harm.

How Parker Waichman LLP Helps Families Recover Compensation

Pursuing a birth injury claim requires investigation, medical review, and negotiation. Our process includes:

• Comprehensive case investigation – We obtain and review medical records, hospital documentation, and delivery notes to identify potential deviations from accepted medical care.
• Expert consultation – We work with qualified physicians, nurses, and other medical professionals who review your case and provide opinions on whether medical negligence may have occurred and contributed to your child’s injury.
• Damage calculation – We work with financial professionals to estimate the extent of your child’s long-term care needs, including medical expenses, therapy, special education, assistive devices, and potential loss of earning capacity.
• Insurance negotiation – We negotiate with hospital insurers and healthcare providers in an effort to reach a fair resolution without trial.
• Litigation representation – If a resolution cannot be reached, we represent you in court and present evidence and testimony for consideration by a judge or jury.

Throughout this process, we keep you informed and involved in decisions affecting your case. Our Brooklyn personal injury attorneys are committed to achieving the best possible outcome for your family.

Understanding Birth Injury Claims in New York

New York law provides protections for families whose children suffer birth injuries associated with medical negligence. Understanding these legal rules can help you evaluate your options.

• Statute of Limitations – In New York, you generally have 2.5 years from the date of injury to file a medical malpractice lawsuit (NY CPLR § 214-a). However, claims may not be brought more than 10 years after the alleged malpractice. For minors, the statute of limitations may be tolled under NY CPLR § 208, which can extend the filing period in certain circumstances.
• No Damages Cap – New York does not place a statutory cap on damages in medical malpractice cases. Compensation may include economic and non-economic losses, depending on the facts of the case.
• Certificate of Merit Requirement – New York requires a certificate of merit from a qualified medical professional stating that there is a reasonable basis for the claim (NY CPLR § 3012-a). We work with medical professionals to obtain this documentation where appropriate.
• Notice of Claim – Certain procedural requirements may apply, particularly when claims involve public hospitals or facilities. We address applicable notice requirements as part of the case process.

Frequently Asked Questions About Brooklyn Birth Injury Cases

Contact Parker Waichman LLP for a Free Birth Injury Consultation

If your child suffered an injury during childbirth in Brooklyn, consider seeking legal guidance. Call 800-968-7529 to schedule a free consultation. We maintain 24/7 phone availability to answer your initial questions.

There is no obligation, and you will not pay any fees unless we recover compensation for you. Parker Waichman LLP is available to discuss your legal options and next steps.

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