White Plains Birth Injury Lawyers

The birth of a child should be a joyous occasion, but for some families, complications during labor and delivery can lead to serious birth injuries. These injuries can have long-term consequences for both the child and the family. If medical negligence played a role, parents may have legal options to seek compensation.

This guide provides a comprehensive overview of birth injuries, covering causes, medical conditions, legal claims, and financial recovery options. If you suspect that medical malpractice led to your child’s injury, consulting a qualified birth injury attorney can help you understand your rights.

 

Understanding Birth Injuries

A birth injury is physical harm suffered by a newborn before, during, or immediately after delivery. Some birth injuries heal within a few weeks, while others result in lifelong disabilities.

What Are the Most Common Birth Injuries?
Birth injuries can range from mild to severe, affecting the brain, nerves, muscles, or bones. Some of the most common birth injuries include:

• Hypoxic-Ischemic Encephalopathy (HIE): Brain damage caused by a lack of oxygen and blood flow during birth.
• Brachial Plexus Injuries (Erb’s Palsy): Nerve damage affecting the baby’s ability to move the arm and shoulder.
• Cerebral Palsy: A neurological disorder often linked to oxygen deprivation at birth.
• Shoulder Dystocia: A birth complication where the baby’s shoulders get stuck in the birth canal.
• Cephalohematoma: Bleeding between the baby’s skull and its periosteum (bone covering), often from forceps or vacuum extraction.
• Spinal Cord Damage: A severe injury resulting from excessive force during delivery.

While not all birth injuries result from medical negligence, some are preventable with proper medical care.

Signs and Symptoms of Neonatal Trauma
Parents should watch for these signs of a birth injury in their newborn:

• Difficulty breathing or low oxygen levels
• Seizures shortly after birth
• Poor muscle tone or limp limbs
• Weak or absent reflexes
• Unusual stiffness or floppiness
• Trouble feeding or sucking
• Delayed developmental milestones

Early detection and immediate medical intervention can help reduce the long-term impact of these injuries.

 

What Causes Birth Injuries?

Birth injuries can occur due to natural complications, difficult labor, or medical negligence. Common causes include:

Oxygen Deprivation (Hypoxic-Ischemic Encephalopathy)
Oxygen deprivation at birth can cause serious brain damage, leading to cerebral palsy, developmental delays, and lifelong disabilities. Causes of HIE include:

• Delayed C-Section: A failure to perform a timely C-section when fetal distress is evident.
• Placental Abruption: When the placenta detaches from the uterus too soon, cutting off oxygen supply.
• Umbilical Cord Issues: Prolapsed or compressed umbilical cords can prevent oxygen from reaching the baby.

Assisted Delivery Complications (Forceps & Vacuum Extraction)
Doctors sometimes use forceps or vacuum extractors to assist in difficult deliveries. However, improper use of these tools can lead to:

• Skull fractures or cephalohematomas
• Brain hemorrhages (bleeding in the brain)
• Nerve damage (brachial plexus injuries)

Medical Negligence and Mistakes
Negligence by doctors, nurses, or hospitals can contribute to birth injuries. Examples of obstetric malpractice include:

• Failing to monitor fetal distress
• Delaying a necessary C-section
• Misdiagnosing or ignoring signs of oxygen deprivation
• Using excessive force during delivery

If medical professionals fail to provide proper care, families may have grounds for a birth injury lawsuit.

 

Can You Sue for a Birth Injury?

Yes. If your child’s injury was caused by medical negligence, you can file a lawsuit against the hospital, doctor, or medical staff responsible.

How to Prove Medical Malpractice in a Birth Injury Case
To win a birth injury lawsuit, you must prove the following:

• Doctor-Patient Relationship: The medical professional owed a duty of care to you and your baby.
• Negligence Occurred: The doctor or hospital failed to provide the standard level of medical care.
• Injury Resulted from Negligence: The birth injury was a direct result of the medical professional’s mistake.
• Damages: The injury led to medical expenses, therapy costs, and pain and suffering.

What Compensation Can You Receive for a Birth Injury?
Families may be able to recover compensation for:

• Medical bills: Past and future medical expenses for treatment, surgery, and therapy.
• Pain and suffering: Emotional distress and reduced quality of life.
• Lost wages: If a parent must quit work to care for the child.
• Rehabilitation costs: Developmental therapy, physical therapy, and assistive devices.

Each birth injury case is unique, and compensation amounts depend on the severity of the injury and long-term needs.

 

The Birth Injury Lawsuit Process

Here’s what to expect when filing a birth injury lawsuit:

• Consultation with a Lawyer – A birth injury attorney will review your case.
• Medical Record Review – Experts analyze the labor and delivery records.
• Filing a Lawsuit – A formal legal claim is filed against the responsible party.
• Negotiation & Settlement Talks – Many cases settle out of court.
• Trial (if necessary) – If no settlement is reached, the case goes to trial.

Most birth injury claims settle before trial, but having an experienced lawyer ensures you get fair compensation.

 

Finding Legal Help for Birth Injury Cases

Choosing the right birth injury lawyer is essential. Look for an attorney with:

• Experience handling medical malpractice cases
• A track record of securing high-value settlements
• Strong connections with medical experts
• Compassionate and client-focused legal service

Questions to Ask Your Birth Injury Lawyer

• Have you handled cases similar to mine?
• What is the potential value of my claim?
• How long do birth injury lawsuits take?
• Do you offer a free consultation?

 

Treatment and Recovery for Birth Injuries

While some birth injuries heal with time, others require lifelong medical care. Treatment options include:

NICU Care: Immediate neonatal treatment for oxygen deprivation and trauma.

• Physical Therapy: Helps improve mobility and muscle function.
• Occupational Therapy: Assists children in developing daily life skills.
• Speech Therapy: Supports children with speaking or swallowing difficulties.

Financial Assistance for Families
Many families struggle with the cost of medical care. A successful birth injury lawsuit can help cover:

• Hospital and doctor visits
• Medication and surgeries
• Long-term rehabilitation

 

Speak to Marvin A. Cooper, P.C. Today

If your baby suffered a birth injury due to medical negligence, you have the right to seek justice. A birth injury lawsuit can provide compensation for medical bills, therapy, and your child’s future care.

Find out if you have a case. Contact a birth injury lawyer today for a FREE consultation.

Birth injuries can change a family’s life forever, but you don’t have to face this challenge alone. Legal action can provide financial relief and hold negligent medical professionals accountable. If you believe your child’s injury resulted from medical malpractice, speak to Marvin A. Cooper, P.C. today.