Can New York City Hospitals Be Sued for Birth-Related Injuries to Your Child? Here’s What You Need to Know

The birth of a child is meant to be an occasion for celebration, but when complications emerge and result in birth-related injuries, the experience may be traumatic for families. These injuries can result in long-term physical, mental, and financial distress. You may be able to seek justice through a lawsuit if a healthcare provider’s negligence caused your baby’s birth injuries.

What Can Be Considered a Birth-Related Injury?

Any harm a newborn sustains during labor or delivery, often due to complications or improper medical care, is considered a birth-related injury. Birth-related injuries can range in severity, from minor, temporary problems to permanent disability. Some common birth injuries are:

• Physical trauma: Excessive force during delivery can result in fractures, such as shattered collarbones or legs.
• Oxygen deprivation (Hypoxia): A lack of oxygen after delivery can cause brain damage, including cerebral palsy.
• Nerve damage: Improper handling during birth can cause nerve injury in a newborn, resulting in diseases such as Erb’s palsy or facial paralysis.
• Internal bleeding: Trauma during birth can cause dangerous internal bleeding that affects the baby’s organs and brain.
• Brain injury: Forceps or vacuum extractions can occasionally cause severe brain damage that results in long-term disability.

Despite the fact that not all birth injuries are the result of negligence, a healthcare professional may face liability if they fall short of the standard of care in New York City.

How Negligence Can Cause a Birth Injury

When healthcare providers act negligently, the consequences can be disastrous for both the newborn and the family. Medical practitioners are obligated to provide an adequate degree of care during childbirth, and failure to do so can result in dire consequences. For example, if a doctor fails to check oxygen levels after birth, it might lead to long-term complications such as cerebral palsy or developmental delays. Similarly, mishandling the baby after delivery can result in preventable injuries, such as shoulder dystocia or brachial plexus injuries, which limit the child’s mobility or quality of life.

Can You Sue a New York City Hospital for Birth-Related Injuries?

If you believe that medical malpractice caused your child’s birth injury, you may file a lawsuit against the hospital or healthcare provider. Suing a hospital or medical provider in New York City can be a difficult procedure, but with the correct legal representation, you may be able to receive compensation for medical expenses, future treatment, and emotional distress.

Who Can Be Held Liable?

In a birth injury case, multiple parties might be held accountable, including:

• Doctors or Obstetricians: If the attending physician failed to provide competent care during labor or delivery.
• Nurses or medical personnel: If they failed to follow proper protocols or transmit vital information to the doctor.
• The Hospital: If the hospital’s negligence, such as insufficient staffing, inadequate training, or faulty equipment, contributed to the harm.

Determining the liable party or parties is one of the most important elements of any lawsuit. However, this requires a thorough investigation of the incident and the collection of relevant evidence.

When Is It Considered Malpractice?

To qualify as malpractice, it must be proven that the healthcare provider’s acts, or inaction, directly caused the birth harm. This involves demonstrating that the medical team failed to provide the required level of care and that their negligence caused the injury. For example, if a newborn suffers brain damage as a result of oxygen deprivation that could have been avoided with quick treatment, this is generally considered malpractice.

What Must Be Proven in a Birth Injury Lawsuit? 

In a birth injury lawsuit, the plaintiff, often the injured child’s parents, bears the burden of proving that medical malpractice caused the harm. Establishing four key elements is necessary for the lawsuit to succeed.

1. Duty of care: This entails demonstrating that the healthcare practitioner, whether a doctor, nurse, or hospital, was legally required to provide competent medical treatment during the birthing process. Medical personnel are responsible for following established medical standards to protect the safety and well-being of both the mother and child.
2. Breach of Duty: A breach occurs when the healthcare provider fails to meet the standard of care expected under the circumstances. The plaintiff must show that the provider’s actions, or inactions, deviated from what a reasonably competent medical professional would have done in a similar situation.
3. Causation: It is not sufficient to demonstrate that the healthcare professional behaved negligently; the conduct must be linked to the child’s injury. 
4. Damages: The plaintiff must prove damages, which are specific losses or harm caused by the birth injury. This can include medical expenses for the child’s care, ongoing treatment costs, pain and suffering, and potential future financial losses caused by the child’s impaired quality of life or capacity to work. 

These four elements—duty of care, breach of duty, causation, and damages—lay the groundwork for any successful birth injury litigation. Proving each of these usually necessitates extensive evidence, such as medical records, expert testimony, and detailed explanations of the events leading up to the injury.

The Statute of Limitations for Birth Injury Lawsuits in NYC

In New York, the statute of limitations for initiating a birth injury claim is typically two and a half years from the date of damage. However, if the injured party is a minor, you can extend the statute of limitations until the child reaches the age of 18, but you must submit your claims within 10 years of the damage. It is critical to consult with an attorney as soon as possible to ensure that you satisfy the deadlines.

Types of Birth Injury Lawsuits

A birth-related harm might result in a variety of lawsuits. This includes:

• Medical malpractice: The most common type of birth injury lawsuit is one based on medical malpractice. This happens when a healthcare provider, such as a doctor, fails to give the level of care that a reasonably competent professional would have provided in identical circumstances, causing harm to the child or mother.
• Wrongful death lawsuits: In unfortunate circumstances where a birth injury causes the child’s death, the parents may pursue a wrongful death claim. These claims are founded on the notion that the healthcare provider’s negligence directly caused the infant’s death, and therefore the family is entitled to compensation.

Both sorts of cases can assist in recovering damages for medical bills, pain and suffering, loss of future earning potential, and other costs.

What to Do If You Suspect a Birth-Related Injury

If you believe your child has suffered birth-related damage, you must act quickly to safeguard your family’s rights and gather information to support a possible legal claim. The first step is to seek medical attention for your child. A thorough medical evaluation can assist in the diagnosis of any birth-related injuries or illnesses. Follow up with professionals as needed to ensure that your child receives the proper care and treatment.

Next, document everything about your child’s birth and medical care. This includes preserving copies of all medical records, hospital reports, and other data related to your child’s condition, treatments, and ongoing care needs. Also, write down your personal impressions of what happened throughout labor and delivery, especially if you noticed anything unusual or felt that the medical staff was acting inappropriately.

Finally, get legal help as soon as possible. A skilled birth injury attorney, such as those at Greenberg & Stein P.C., can help you understand your legal options.

How Greenberg & Stein Can Help You

Greenberg & Stein, P.C. has extensive expertise with birth injury claims, and their attorneys are committed to assisting families in obtaining justice for their harmed children. When you work with Greenberg & Stein P.C., our experts will thoroughly research the circumstances surrounding your child’s birth injury to establish whether negligence or medical malpractice occurred. This process includes thoroughly evaluating medical records, hospital reports, and the activities of healthcare providers during labor and delivery.

Our attorneys will also collect crucial evidence to make a compelling case on your behalf. We may need to gather expert testimony from medical professionals who can elucidate the violation of the standard of care and its direct contribution to your child’s injuries.

Furthermore, the legal team will manage all interactions with the hospital, insurance companies, and opposing counsel, ensuring the protection of your family’s rights throughout the entire process. They will also assist you with every stage of the legal procedure, from filing the lawsuit to negotiating settlements or taking the matter to trial if required.

Did Your Child Suffer a Birth Injury? Let Greenberg & Stein Fight for Your Family

You don’t have to fight the legal battle alone if a healthcare provider’s negligence resulted in your child’s birth injuries. Greenberg & Stein P.C. has a successful track record of assisting families in medical malpractice and birth damage lawsuits. Our attorneys will be by your side every step of the way, fighting for the justice and recompense your family requires to move forward. Call us at 212-681-2535 to schedule a free consultation to review your case.