Brooklyn Birth Injury Lawyer

When a child is injured during or after pregnancy, labor, or delivery, the injuries can have lifelong consequences for the infant and their family. Not all birth injuries are preventable, but many occur due to the medical negligence and errors made by the delivery team or other involved health care providers.

If your child experienced a preventable birth injury in Brooklyn, you may be able to seek justice and financial compensation through a birth injury lawsuit.

Helping Brooklyn Families After a Birth Injury

Birth injuries don’t just affect the injured child—they take a toll on the entire family, especially the parents. A serious birth injury can lead to lifelong medical complications or disabilities, causing major financial and emotional stress on parents. If your child was injured during or after birth due to a health care provider’s negligence, know that you are not alone, and legal help is available.

At Birth Injury Center, we collaborate with our legal partners to support families impacted by birth injuries. Through our partnership with The Sanders Law Firm, we connect Brooklyn families with experienced New York birth injury lawyers who can help them seek justice and compensation for their child’s injuries caused by medical negligence.

Was your child a victim of medical negligence?
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What Is a Birth Injury?

A birth injury is any physical injury to a baby that occurs before, during, or after childbirth. Such an injury can occur during or shortly after pregnancy, labor, or delivery.

These injuries often cause physical and neurological conditions that significantly impact a child’s health, sometimes for their entire life. While many of these injuries are unavoidable and not caused by negligence, certain birth injuries are preventable if the health care professionals provide the accepted standard of medical care.

Several underlying factors, such as pregnancy complications, may cause birth injuries. Close monitoring, proper medical care, and timely medical interventions are crucial to minimize the risk of injuries and ensure the mother’s and the baby’s safety during childbirth. Preventable birth injuries can occur due to medical negligence during labor, delivery, emergency C-sections, and post-delivery care.

Common Birth Injuries We See in Brooklyn Cases

Many birth injuries result from medical negligence or mistakes made by health care providers like doctors, nurses, and other hospital staff. If these staff don’t provide adequate care before, during, or after birth, they can be held legally accountable for any harm caused to the newborn.

Birth injuries can result in lifelong disabilities for newborns, necessitating ongoing medical treatment and specialized care and causing significant financial strains on the family.

Some of the most common types of birth injuries in Brooklyn include:

When a Brooklyn Birth Injury Becomes Medical Malpractice

A birth injury lawsuit is a type of medical malpractice lawsuit, but not all birth injuries merit legal action. To prove your case in a birth injury lawsuit, you must establish the following four elements of negligence:

      • Duty of Care: First, you must show that a doctor-patient relationship existed, thereby establishing a legal duty of care.
      • Breach of Duty: Next, you must demonstrate that the health care provider breached that duty by failing to provide the accepted standard of care.
      • Causation: You must show that the negligence caused or contributed to your child’s injury or worsened a pre-existing condition.
      • Damages: Finally, you must show that the injury has resulted in compensable damages.

How Long Do I Have to File a Birth Injury Lawsuit in Brooklyn?

The statute of limitations for Brooklyn birth injury lawsuits can vary based on the specifics of the case. Typically, the limit for medical malpractice claims is two years and six months from the date of the incident.

However, New York law tolls, or pauses, the filing period for minors’ claims until they reach age 18. The state also imposes a hard cap on medical malpractice lawsuits, requiring them to be commenced within 10 years of the date of medical negligence. Thus, claims on behalf of children who suffer birth injuries must typically be filed before their 10th birthday, although some exceptions apply. 

It’s important to act quickly when filing a birth injury lawsuit, even though the statute of limitations may give you several years to file. Over time, evidence may be harder to find, and witnesses’ memories of the event will fade.

Compensation Available in Brooklyn Birth Injury Cases

When you file a birth injury claim, you may seek two types of damages: economic and non-economic. Economic damages aim to compensate you for the quantifiable monetary losses caused by the injury, while non-economic damages compensate you for more subjective losses, such as emotional and physical suffering.

You may receive damages in the form of a birth injury settlement or a jury verdict after a trial. You can generally pursue compensation for the following damages:

  • Medical care, current & future
  • Therapy and rehabilitation
  • Assistive technology
  • Home and vehicle modifications
  • Lost educational and economic opportunities
  • Pain and suffering
  • Emotional distress
  • Loss of quality of life

What Does It Cost to Hire a Brooklyn Birth Injury Lawyer?

There are no set costs to hire a New York City birth injury lawyer, as fees depend on several factors, including the case’s complexity.

At Birth Injury Center, we partner with the Sanders Law Firm to help families prosecute serious cases of birth injury malpractice in New York. The Sanders Law Firm’s birth injury attorneys work on a contingency fee basis, meaning you won’t pay any upfront costs. Instead, your legal team will receive a portion of the compensation you recover if they successfully resolve your case.

Speak With a Brooklyn Birth Injury Lawyer Today

If your child was injured before, during, or after birth in Brooklyn due to a health care provider’s negligence, you may be entitled to compensation. At Birth Injury Center, our experienced team is here to help you navigate the legal process and seek justice for you and your child. Our legal partners can help you understand your legal rights and, if appropriate, file a lawsuit to recover compensation.

Contact us today to get connected with a New York birth injury lawyer at The Sanders Law Firm who can help you pursue compensation for your child’s injuries.

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Medically Reviewed by
Natalie Speer
RNC-OB
+8 years of experience in labor & delivery, women's health, postpartum care & more.