Experienced Birth Injury Attorneys
The birth of a child is meant to be a cherished moment, filled with hope, anticipation, and the promise of a healthy future. For many families, however, complications during pregnancy, labor, or delivery can turn this joyful experience into a life-altering event. Delivery problems and medical errors may lead to serious birth injuries, long-term disabilities, or even stillbirth. These injuries often place an emotional, physical, and financial burden on both the child and their family that can last for decades.
Birth injuries can affect a child’s ability to move, learn, and live independently. They can also cause profound emotional distress for parents who must navigate complex medical systems while planning for their child’s long-term care. Understanding how birth injuries occur, the types of injuries involved, and the legal options available is an essential step for families seeking accountability, support, and justice.
At Kramer, Dillof, Livingston & Moore, our New York birth injury attorneys focus on medical malpractice and personal injury cases. Since 1940, our firm has been committed to securing justice and financial compensation for injured children and their families. Our preparation, tenacity, and dedication to our clients have resulted in a track record recognized and respected not only throughout New York, but across the nation.
What is a birth injury?
A birth injury is a physical or neurological injury sustained by a baby before birth, during labor, delivery, or shortly after birth. These injuries may result from delivery complications, medical errors, or a failure by healthcare providers to meet the required standard of care. Birth injuries can affect a child’s physical movement, cognitive abilities, and overall quality of life, and they may also cause significant emotional and financial stress for families.
In some cases, birth injuries could have been prevented if appropriate medical care had been provided in accordance with accepted standards.
What is birth trauma in a newborn?
Birth trauma refers to physical or neurological harm suffered by a newborn due to complications during pregnancy, labor, or delivery. This may include injuries caused by oxygen deprivation, excessive force during delivery, improper use of delivery tools, infections, or failure to monitor and respond to fetal distress. Birth trauma can result in temporary or permanent conditions that require ongoing medical care and support.
What are the five birth injuries?
Based on common birth injury cases, four types of birth injuries include:
- Cerebral palsy, a neurological disorder affecting muscle coordination and movement
- Erb’s palsy, a nerve injury affecting the shoulder, arm, and hand
- Klumpke’s palsy, a nerve injury affecting the lower arm and hand
- Brain damage, often caused by oxygen deprivation, trauma, or infection
- Facial nerve injury, which can occur due to pressure during delivery and may affect facial movement
Each of these injuries may occur before, during, or shortly after birth and can have long-term consequences for the child and family.
Cerebral Palsy as a Birth Injury
Cerebral palsy is a neurological disorder that affects muscle coordination, body movement, and posture. In severe cases, it can result in paralysis, cognitive impairments, and intellectual disabilities. Cerebral palsy often results from an injury to the brain that occurs during labor, delivery, or shortly after birth.
Several factors can contribute to cerebral palsy, including oxygen deprivation, physical trauma, or infection. While the exact causes can vary, cerebral palsy is frequently associated with medical negligence during labor and delivery, such as a failure to properly monitor fetal distress or respond in a timely manner to complications.
Long-Term Impact of Cerebral Palsy
The impact of cerebral palsy on a child and their family can be devastating. Children affected by cerebral palsy often require extensive and ongoing medical care, therapy, and assistance with daily activities. These needs can be costly, time-consuming, and emotionally demanding.
As children with cerebral palsy grow into adulthood, their needs often become more complex. Disabilities may limit or completely eliminate their ability to work, resulting in diminished earning capacity or total loss of income. The costs associated with medical treatment, assistive devices, home modifications, and personal care can continue for the individual’s entire life.
In addition to financial challenges, individuals with cerebral palsy frequently experience a profound loss of enjoyment of life compared to what they might have experienced without the injury. Families may also suffer emotional strain as they provide long-term care and support.
Nerve Injuries: Erb’s Palsy and Klumpke’s Palsy
Nerve injuries affecting the brachial plexus are among the most common birth-related injuries. These injuries occur when the network of nerves controlling movement and sensation in the shoulder, arm, and hand is damaged during delivery.
Erb’s Palsy
Erb’s palsy, also known as Erb-Duchenne palsy, is caused by damage to the upper portion of the brachial plexus nerves. These nerves control movement and sensation in the shoulder, arm, and hand.
One common cause of Erb’s palsy is shoulder dystocia, a complication that occurs when a baby’s shoulder becomes lodged in the birth canal during delivery. When healthcare providers fail to respond appropriately to shoulder dystocia, excessive force or pressure may be applied to the baby’s head, neck, or shoulder. Improper use of forceps or other delivery tools can also cause permanent nerve damage.
Symptoms of Erb’s Palsy
Symptoms of Erb’s palsy may include:
- Weakness or paralysis in the affected arm
- Loss of sensation in the arm, hand, or fingers
- Lack of muscle control or coordination
- Limited range of motion in the shoulder or arm
In some cases, children may recover partial function, but others may experience permanent impairment requiring lifelong care.
Klumpke’s Palsy
Klumpke’s palsy, also known as Dejerine-Klumpke palsy, is a rarer and often more severe form of brachial plexus injury. It affects the lower portion of the brachial plexus, impacting the hand and forearm.
Like Erb’s palsy, Klumpke’s palsy can result from excessive force applied to a baby’s head, neck, or upper body during delivery. Improper delivery techniques or failure to manage complications appropriately can lead to serious nerve damage.
Symptoms of Klumpke’s Palsy
Symptoms of Klumpke’s palsy may include:
- Weakness or paralysis in the hand and forearm
- A claw-like deformity of the hand
- Difficulty gripping or holding objects
- Loss of muscle control in the affected hand
These injuries can significantly affect a child’s ability to perform basic tasks and may require ongoing therapy and assistance.
Stillbirth and Medical Negligence
Stillbirth refers to the loss of a baby before birth, typically after the 20th week of pregnancy. It is a tragic and devastating event that leaves families coping with profound grief and emotional trauma.
There are many potential causes of stillbirth, some of which may be linked to medical negligence or inadequate care. These include:
- Placental problems: Conditions such as placental abruption or placental insufficiency can limit the baby’s access to oxygen and nutrients.
- Infections: Certain bacterial and viral infections, including cytomegalovirus (CMV) and toxoplasmosis, can increase the risk of stillbirth.
- Pregnancy complications: Conditions such as preeclampsia, gestational diabetes, or umbilical cord abnormalities may increase the likelihood of stillbirth if not properly monitored and managed.
When medical professionals fail to identify or respond to these conditions in a timely manner, families may have grounds to seek legal recourse.
What are the four types of injuries related to birth trauma?
Birth-related injuries generally fall into four broad categories:
- Neurological injuries, such as cerebral palsy or brain damage
- Nerve injuries, including Erb’s palsy and Klumpke’s palsy
- Physical trauma, caused by forceful or improper delivery techniques
- Fatal birth injuries, including stillbirth
These injuries may result from medical negligence, delayed intervention, or failure to follow accepted medical standards.
What is the most common birth injury?
Cerebral palsy is among the most commonly associated birth injuries linked to complications during labor and delivery. It often results from an injury to the brain caused by oxygen deprivation, trauma, or infection around the time of birth. Cerebral palsy can lead to lifelong disabilities, extensive care needs, and significant emotional and financial challenges for families.
When does a birth injury become medical malpractice?
A birth injury may constitute medical malpractice when a healthcare provider departs from accepted medical standards, and that departure is a substantial contributing factor to the injury. To establish a malpractice claim, it must be shown that the provider failed to provide appropriate care and that this failure caused harm to the newborn, resulting in measurable damages.
Can parents seek compensation for a birth injury?
Yes. When a birth injury results from medical negligence, families may seek compensation for medical expenses, long-term care costs, rehabilitation, pain and suffering, emotional distress, and other related damages. In certain cases, parents may also pursue compensation for aspects of their own losses.
What role does the New York State Medical Indemnity Fund play in birth injury cases?
In New York, children who suffer neurological injuries due to medical negligence around the time of birth may be eligible for future healthcare coverage through the New York State Medical Indemnity Fund. Eligibility requires a verdict or settlement in favor of the child against a responsible healthcare provider. The fund covers future healthcare costs, while additional compensation may still be awarded for pain and suffering and lost earnings.
KDLM has represented victims and their families in a range of birth injury cases:
Tom Moore represented the family of a 10-year-old girl who suffered severe brain damage when hospital staff members failed to properly monitor the child's fetal heart rate and then failed to take corrective action. A Suffolk County jury awarded Shannon and her family $130,000,000.- Tom Moore represented the family of a young boy who suffers from cerebral palsy because no pediatrician or obstetrician ever examined him on the day of his birth. The baby was suffering from a strep infection that went undetected and untreated. The jury returned a verdict of $108,000,000.
- Tom Moore represented the parents of a young boy who was badly injured by a doctor who improperly used forceps during delivery. The child was deprived of oxygen and the mother was significantly hurt as well. A jury in Queens in New York awarded the parents $19,600,000.
Tom Moore represented the family of a 10-year-old girl who suffered severe brain damage when hospital staff members failed to properly monitor the child's fetal heart rate and then failed to take corrective action. A Suffolk County jury awarded Shannon and her family $130,000,000.