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Birth Injury Attorneys in New York

Birth Injury Lawyers in New York State

Was your baby seriously injured during birth? Are you overwhelmed and unsure where to turn for help? If so, you’re not alone.


A child’s birth should be the happiest of days. However, when a baby suffers catastrophic injuries during childbirth, those days can quickly turn into a nightmare.


Even the most profound birth injuries are often avoidable. Many injuries to babies during labor or delivery are the result of grossly-negligent care and treatment by delivery room doctors, midwives, or nurses who fail to take all available steps to protect both mother and baby from injury. Some birth injuries are temporary, while others cause life-long damage. Some birth injuries are evident immediately, while some are delayed, and not recognized until many months or even years later when the child fails to meet developmental milestones such as sitting up, crawling, walking, or speaking.


What Can Our Firm Do For You?


When a baby is injured during childbirth, many parents are misled by medical providers into believing that the injuries were inevitable or unavoidable — when, in fact, a careful analysis of the medical records often reveals that mistakes were made, and the injuries were in fact entirely preventable.


You need experienced and sophisticated lawyers on your side to help you learn the truth. When your child suffers a profound birth injury, the stakes couldn’t be higher. The injuries that typically result from injuries during labor and delivery are often catastrophic and require millions of dollars of medical care over a child’s lifetime. Our team enjoys a distinguished track record of obtaining the highest level settlements and verdicts for our clients whose lives have been devastated by their child’s birth-related injuries in New York.


We know you’re intimidated and overwhelmed. Don’t be. Let our experience go to work for you and your child. Our attorneys and medical experts will get you the answers you deserve.


What Happens When You Call Us For Help?


One of the most tragic events a new parent can face is being told their child has suffered an injury, often before the child has taken his or her first breath. The tragedy of this news becomes even more devastating when the parents learn that their child’s injury was caused by medical malpractice that could and should have been avoided.


During the birthing process, newborns can suffer injury to their brain due to a deprivation of oxygen, or a traumatic physical injury that can interfere with proper function of the child’s spine, shoulder or arm. Some birth injuries may not be diagnosed for months or even years after birth. When such a condition is diagnosed, parents are often misled to believe that their child’s injury was genetic when, in fact, many of these birth injuries could and should have been prevented.


A birth injury can occur at many different times throughout the birthing process. Birth injuries can vary from being very minor to catastrophic and can even result in death. Parents of an injured child face the daunting prospect of years of astronomical medical expenses, and emotional stresses which accompany the process of raising a child with a significant disability. Also, a disabled child will often suffer the impact of profound physical and neurological injuries for the remainder of his or her natural life.


Most parents have no way of knowing what happened to their child and many do not know where to even begin to search for answers. We’re here to help. We have the expertise to successfully prosecute these claims, and we rely upon the best expert witnesses to secure significant awards for our clients and their children.


Two of the most common types of birth injury are Cerebral Palsy and Erb’s Palsy (also known as brachial plexus).


Cerebral Palsy


Cerebral Palsy is damage to a child’s brain due to deprivation of oxygen during pregnancy or the labor-and-delivery process. Cerebral Palsy often is the result of mistakes made by medical providers overseeing the labor and delivery process. The injuries to a baby due to oxygen deprivation can interfere with the normal communication between a child’s brain and body. A child with Cerebral Palsy will typically suffer lifelong consequences that negatively impact many sensory and physical processes, including speech, hearing, sight and the ability to walk and talk normally. Cerebral Palsy is often caused by a physician’s failure to properly manage the birth process, which in turn results in a lack of oxygen to a baby’s brain, causing brain tissue to be destroyed.

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The factors and circumstances that can cause unnecessary injury to a newborn during the labor-and-delivery process are incredibly complex. Navigating these circumstances to determine whether a child’s Cerebral Palsy could and should have been avoided with proper medical care and treatment requires input from our team of accomplished and experienced lawyers, and the team of high-level medical experts with whom we work to investigate your case. You can rely on our proven experience and experts to accurately interpret and evaluate your child’s medical records to conclusively determine whether your child’s condition could have been prevented – and, if so, the very best way to prove it in court.

Cerebral Palsy – Symptoms and Types

A child is most commonly diagnosed with Cerebral Palsy within the first two years of age. Often, however, a child’s labor and delivery and perinatal medical records contain clear signals of the diagnosis even before it’s made. A child suffering from Cerebral Palsy will typically begin to demonstrate signs and symptoms of the condition, including a failure to reach early developmental milestones, delays in physical development and muscle coordination, delays in crawling or walking, stiff or tight muscles, walking on toes, and/or floppy muscle tone. Other neurologic systems can be negatively impacted by the condition, including bowel and bladder function, breathing, speech, eating, swallowing, learning, vision and hearing. Negligent delivery techniques can result in any of the three known types of cerebral palsy – spastic, athetoid and ataxic.


If your child suffers from Cerebral Palsy caused by medical malpractice, you will be entitled to compensation for past and future medical expenses, future lost wages, pain and suffering, and loss of enjoyment of life.

Cerebral Palsy – Oxygen Deprivation During Labor and Delivery

During the labor-and-delivery process, physicians, midwives and obstetrical nurses must adhere to well-recognized and available techniques to closely monitor the health of the unborn child. These techniques have been developed over decades of obstetrical practice following a number of high-level medical studies. Appropriate monitoring during labor and delivery is an important and fundamental aspect of sound obstetrical medical practice, and any sign of fetal distress can be a clue that the unborn child is suffering from conditions such as hypoxia (inadequate oxygen supply) or anoxia (total lack of oxygen). Physicians, midwives and obstetrical nurses have at their disposal many tools to diagnose fetal distress in a timely fashion – before a child suffers injury. Whether it’s through the use of ultrasound, bio-physical profiles, stress tests, non-stress tests or fetal monitoring strips during labor, applicable standards of medical care require physicians to appreciate and respond quickly to any evidence of fetal distress, including by ordering emergency or STAT C-section delivery to prevent the unborn child from suffering brain injury or other permanent injury.

Cerebral Palsy – Early Signs

A child suffering from Cerebral Palsy as a result of injury during labor and delivery can demonstrate early signs of the condition in many different ways. A common sign that a newborn has suffered oxygen deprivation and injury is seizures which present themselves in the form of body shaking, blank stares, interruptions in normal breathing patters, inability to sleep, head nodding, uncontrolled eyelid blinking, a loud pitched cry, tightening of an arm or leg, lip smacking, or shivering.

Erb’s Palsy or Shoulder Dystocia


Erb’s Palsy is a condition caused by injury to a child’s brachial plexus – the large system of nerves that runs down the spinal column to muscles in the shoulders and arms. A child is especially vulnerable to this type of injury during the labor and delivery process, and physicians are expected to utilize well-known and accepted techniques to protect newborns from these injuries. When a newborn suffers this injury as a result of a physician’s failure to take advantage of these techniques, the physician has deviated from applicable standards of medical care, and can be held responsible for the resulting injury which can cause total or partial paralysis of a child’s shoulder and arm, and other profound physical consequences.

Erb’s Palsy – What is Shoulder Dystocia?

During delivery of a newborn, the baby’s shoulder can get stuck in the birth canal or on the mother’s pelvis. When this occurs, the baby’s natural progression through the birth canal, and the delivery process, are delayed. Physicians and midwifes have at their disposal many medical tools that will signal when delivery is being compromised by shoulder dystocia. These medical professionals are expected to be aware of these tools to identify these complications and use them in a timely fashion. They are also expected to take advantage of time-tested and standard delivery protocols to remedy dystocia which may be causing a delay in the delivery process. It is imperative to identify this complication and take steps to alleviate it in a timely manner because the failure to do so can cause permanent and profound injury to the unborn baby – including physical injury to the nerves that control spinal and upper extremity function, and other neurologic injuries resulting from a lack of oxygen to the brain. Physicians must work quickly and safely to ensure the baby does not suffer from oxygen deprivation, nerve stretch injuries, and the like.

Erb’s Palsy – Risk Factors of Shoulder Dystocia

Before the labor-and-delivery process even begins, competent medical providers can identify certain risk factors (for the mother and baby) that can signal an increased risk for shoulder dystocia. These known risk factors include:  an unusually large baby (as diagnosed by ultrasound), gestational diabetes, a “breech” presentation (i.e., the baby exits the pelvis with the buttocks or feet first as opposed to the normal head-first position), the mother has an unusually small pelvic structure, prior deliveries with complications, unusually large weight gain during the pregnancy, etc. Applicable standards of medical care require a treating physician and/or midwife to identify these risk factors, and prepare in advance of the labor and delivery process for complications that might occur.

Erb’s Palsy – Available Delivery Techniques to Avoid Injury

When shoulder dystocia occurs, physicians and midwives can and should employ one or more delivery techniques to alleviate the dystocia to avoid permanent injury to the newborn baby. These techniques are designed to essentially “unstick” the shoulder, thereby permitting the baby to be delivered without suffering the devastating consequences of oxygen deprivation and/or prolonged trauma to the nerves in the shoulder.


Commonly, physicians and/or midwives will change the position of the mother’s legs in an effort to widen the birth canal. Also, gentle pressure can be applied to the mother to free the baby’s shoulder. A physician will often physically rotate the baby while in the birth canal in order to free the shoulder. If these maneuvers are unsuccessful, a physician and/or midwife may intentionally break the baby’s collar bone or order an emergency C-section to promote delivery.


A physician or midwife’s failure to employ these techniques in a timely fashion can result in profound and devastating injury to the newborn. Klumpke’s Palsy will cause paralysis of the fingers and hands. Horner’s Syndrome can cause the eyelid to droop and result in an uneven pupil size. Erb’s Palsy causes the arm to stay close to the body, with the palm facing backwards and no movement of the arm from below the elbow. A Complete Brachial Plexus Injury is the most severe form of injury, and causes total paralysis of the affected arm. Each one of these injuries can happen due to rupture of the nerves, stretch injury of the nerves, crush injury to the nerves, neuroma or scar tissue development, or an avulsion injury where the nerve is no longer attached to the spine.


While some brachial plexus injuries may improve over time, most result in severe permanent disabilities that will negatively impact the child over the course of his or her entire life. As such, if your child has suffered such an injury, the stakes couldn’t be higher. The medical costs alone can be overwhelming. These types of injuries can also directly impact an individual’s ability to work in certain fields when they reach adulthood, and often result in chronic pain, lifelong medical care including multiple surgeries, and other emotional injuries due to their physical limitations.


With stakes this high for you and your child, you can turn to the experienced legal team at Porter Nordby Howe LLP for answers to your questions. We will work hard for the compensation you and your child deserve. We will investigate the complex aspects of your case, and use the very best experts to build your case, and maximize the likelihood that you win.


Children who suffer birth injuries face serious consequences, including the need for lifelong medical interventions, surgeries, home health care, physical and occupational therapy, etc. The costs associated with this medical care can be daunting. If your child has suffered a birth injury in New York, or if you have a question that has not been answered appropriately by your medical providers, call Porter Nordby Howe LLP now at 888-477-7731, or e-mail us at info@pnhlawyers.com.

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