New York Birth Injury Lawyers

Representing Children & Families After Malpractice

In most cases, the birth of a child is a joyous occasion. But, when an obstetrician, delivery room nurse, midwife, or doctor is negligent, it can quickly become one of the worst days of a parent’s life.

If a medical provider’s negligence led to your newborn being severely injured, you have the right to take legal action and seek justice on behalf of your child.

The New York birth injury lawyers at Simonson Goodman Platzer PC have decades of experience in helping families of children born with severe congenital or genetic conditions. We understand the immense challenges you and your family are facing, and we are committed to advocating for your monetary recovery throughout the entire legal process.

Get in touch with our team today. Call (800) 817-5029 or contact us online for a free consultation.

Common Causes of Birth Injuries

Negligent Prenatal Screening

Lawsuits in the area of negligent prenatal screening often stem from a failure to order a standard blood test or a failure to properly interpret or act on the results. Blood tests are used to identify whether a pregnancy is at a higher-than-average risk for a wide variety of serious birth defects.

Blood testing for defects is called “carrier screening,” meaning that the test is trying to determine if the parents are carriers of recessive genes that can cause inherited disease.

When woman are properly screened, the tests can reveal the presence of:

• Down syndrome, which occurs in about 1 in every 800 births
• Trisomy 18, which causes severe mental disability and other defects and which occurs in about 1 in every 6,000 births
• Neural tube defects, such as spina bifida, which occurs in about 1 in every 1,000 births

Screening can also be done for cystic fibrosis, sickle cell, thalassemia, and Tay-Sachs.

Ultrasounds are another prenatal screening test that can also form the basis of a lawsuit. With ultrasounds now a standard of care treatment in early pregnancy, some cases occur because a radiologist was negligent in reading the ultrasound. Other cases arise when an obstetrician is negligent in failing to order an ultrasound or failing to follow up when the ultrasound is suspicious or even clearly abnormal.

Negligence During Labor & Delivery

Birth injuries might also happen during labor or delivery and could be the result of:

• Failure to monitor for signs of fetal distress
• Delayed birth/prolonged labor
• Failure to order a timely cesarean section (C-section)
• Failure to order a C-section
• Improper use of forceps/vacuum extractor

Birth Defects vs. Birth Injuries

Birth injury claims often deal with birth defects and birth injuries, which are medically different. When a baby is harmed during development or in utero, the injury is called a birth defect. 

Many birth defects are also considered to be “naturally occurring” or hereditary, but not all. When a baby is harmed during labor or delivery, it is a birth injury. Most birth injuries can be directly linked to a medical provider’s mistakes.

Common types of birth injuries include:

• Cerebral palsy
• Erb’s palsy (brachial plexus injury)
• Hypoxic-ischemic encephalopathy (HIE)
• Fractured bones (e.g., clavicle or skull fractures)
• Facial nerve damage
• Intracranial hemorrhage (brain bleed)
• Forceps or vacuum extraction injuries
• Spinal cord injuries
• Infant death

Can We Prevent the Tragedy of Childbirth Injuries?

Every year almost 1000 American woman die as a result of childbirth related complications, and another 50,000 have serious issues. A hidden aspect of maternal death in the USA is that 60% of these tragic deaths could have been prevented. This is the sad conclusion of a report prepared by the Centers for Disease Control (CDC).

What is shocking is that these unnecessary deaths are largely due to missed and late diagnosis by doctors, much of it caused by the negligent failure to recognize clear warning signs.

"In 21st century America, in the richest and most powerful nation on Earth, no woman should ever die from pregnancy and childbirth...I believe we can cut maternal mortality in half by 2025, and eradicate maternal deaths in the US by 2050, by doing three things: learn from every maternal death, assure quality and safety of maternity care for all women, and improve women's health across their life course.” (Dr. Michael Lu)

It is not just the delivery period that is dangerous, because 1/3 of deaths occurred before and after childbirth. Childbirth is one of the most common reasons women go into hospitals, and yet our doctors and hospitals mishandle complicated pregnancies with a stunning regularity.

The CDC has identified the following areas of concern:

• During Pregnancy: Improve access to and delivery of quality prenatal care, which includes managing chronic conditions and educating about warning signs.
• At Delivery: Standardize patient care, including delivering high-risk women at hospitals with specialized providers and equipment.
• Postpartum: Provide high-quality care for mothers up to one year after birth, which includes communicating with patients about warning signs and connecting to prompt follow-up care.

What to Do If You Think You Have a Birth Injury Case

If you think you might have a case, don’t delay in contacting the attorneys at Simonson Goodman Platzer PC. Time matters, because both New York and New Jersey have strict time limits in place that can prevent even a good case from going forward and a delay could prejudice your rights.

Simonson Goodman Platzer PC has successfully represented individuals in many thousands of medical malpractice cases over decades. We have a 98% success rate in the cases we have handled, and our attorneys have recovered more than $200 million for our clients. We offer contingency fees, so you do not owe any attorneys’ fees until we win compensation for you.

Call (800) 817-5029 today to talk to a New York birth injury attorney at our firm.