If your child suffered a brain injury at birth, cerebral palsy, or a brachial plexus injury during delivery, you may be searching for a birth injury lawyer near me or a trusted birth injury attorney NY families can rely on.
At Salenger, Sack, Kimmel & Bavaro, our New York birth injury lawyers represent families in complex birth injury medical malpractice and birth injury malpractice cases throughout NYC, Long Island, and across New York State.
When doctors, nurses, or hospitals fail to act appropriately during pregnancy, labor, or delivery, the consequences can be permanent. Our role as a leading birth injury law firm is to determine whether those injuries were preventable — and to pursue accountability when they were.
Not every birth complication is negligence. However, many serious birth injury malpractice cases involve:
Failure to perform a timely C-section
Ignoring signs of fetal distress
Improper use of forceps or vacuum extraction
Mismanagement of Pitocin
Failure to diagnose infection
Inadequate monitoring of oxygen levels
A skilled birth injury malpractice lawyer must analyze medical records, fetal monitoring strips, and decision timelines to determine whether the standard of care was violated.
Birth injuries can be heartbreaking for new parents, leaving them obsessed with seeking a cause. However, not all cases of birth injuries and complications are grounds for birth malpractice lawsuits. Even when receiving the utmost quality care during pregnancy and delivery, injuries can still occur that are out of the realm of anyone’s control.
When seeking explanations for your child’s injuries, it’s helpful to know which types of birth injuries are more commonly related to incidents of medical malpractice than others, such as:
If your child has been given any of these diagnoses, consider contacting a birth injury lawyer in NY. Though we understand seeking financial compensation will never replace the health and wellness that was taken from your child at birth, securing the funds to access early intervention programs can dramatically improve their quality of life for the future.
One of the most devastating outcomes of medical negligence is brain damage at birth caused by oxygen deprivation.
Our firm handles cases involving:
Cerebral palsy birth injury
Birth injury cerebral palsy
Cerebral palsy from birth injury
Hypoxic ischemic encephalopathy (HIE)
Severe neurological impairment
If delayed intervention or improper monitoring caused oxygen loss, families may have grounds for a cerebral palsy birth injury lawsuit.
We understand the lifelong costs associated with these injuries — including therapy, assistive care, and specialized education — and we pursue compensation that reflects those realities.
If you are searching for a birth injury lawyer cerebral palsy families trust in New York, our attorneys can evaluate your case.
Improper handling during delivery can cause nerve damage in a newborn’s shoulder and arm.
We represent families in cases involving:
Brachial plexus injury at birth
Brachial plexus birth injury
Erb’s palsy
Shoulder dystocia complications
When excessive traction or mismanagement causes permanent nerve damage, families may pursue a brachial plexus birth injury lawsuit.
A knowledgeable child birth injury lawyer will determine whether the injury resulted from unavoidable circumstances or negligent delivery technique.
As experienced birth injury attorneys NY families rely on, we investigate:
Failure to identify high-risk conditions
Misinterpretation of prenatal testing
Failure to refer to maternal-fetal specialists
Failure to monitor fetal growth or movement
Delayed emergency C-section
Failure to monitor fetal heart rate
Improper administration of labor-inducing drugs
Failure to resuscitate newborns
Unnecessary surgical intervention
Each of these may form the basis of a birth injury medical malpractice claim if negligence directly caused harm.
Parents hold back from making allegations of medical malpractice for a number of reasons: Avoiding the act of destroying a physician’s reputation, dreading the commitment and consequences associated with filing a lawsuit, or fearing the knowledge that someone contributed to the birth injury of their child. For these families, it’s more important than ever to remember that coming forward with concerns about poor quality medical care is a positive action.
It’s possible that the same negligent doctors and medical staff that contributed to your child’s birth injury have been allowed to practice for years or even decades. Holding these individuals accountable for preventable errors in care could benefit the lives of future children and families who would have otherwise been put in harm’s way. It may also address and correct any ineffective institutional policies that have led to an increase in medical errors.
Not to mention, filing a birth injury lawsuit can help ensure you have the financial resources to provide for your disabled child, taking into account the long-term costs of ongoing medical care and necessary accommodations.
Serious birth injuries may require:
Lifetime medical care
Occupational and physical therapy
Specialized educational support
In-home nursing care
Adaptive equipment
Home modifications
The projected lifetime cost of care for a child with severe cerebral palsy can reach millions of dollars.
A skilled brain damage birth injury lawyer must work with life care planners and economists to ensure any recovery accounts for these long-term needs.
To succeed in a birth injury malpractice lawsuit in New York, families must establish:
Negligence – The provider failed to meet accepted standards of care.
Causation – That failure caused the injury.
Damages – The child suffered measurable harm.
These cases require expert testimony and detailed medical analysis. Not every birth injury attorney has the resources to litigate complex neonatal brain injury cases.
In most medical malpractice cases, New York law provides a 2.5-year statute of limitations from the date of malpractice.
However, cases involving infants may involve extended timelines depending on the circumstances. Because these rules are nuanced, speaking with a birth injury attorney NYC families trust as early as possible is critical.
When searching for a top-rated birth injury lawyer, families should consider:
Experience handling catastrophic medical malpractice cases
Access to national obstetrical and neonatal experts
Trial experience in high-value medical cases
Financial resources to litigate against hospitals
Salenger, Sack, Kimmel & Bavaro is a litigation-focused firm with extensive experience in complex medical malpractice matters throughout New York.
We prepare every birth injury case as though it may go to trial.
There is no fee unless we recover compensation on your behalf.