Birth Injuries: Understanding Your Legal Rights in New York

The birth of a child is meant to be a joyful experience. Unfortunately, complications during labor and delivery can sometimes lead to birth injuries that cause long-term health issues for a baby. In many cases, these injuries may result from medical negligence.

Every hour, approximately three babies are born with birth injuries.

• Birth injuries are more prevalent in males than females, often due to their larger size.
• 80% of birth injuries are classified as moderate to severe, while only 20% are considered minor.
• Birth injuries contribute to 20% of the 20,000 infant deaths in the U.S. each year.
• Birth injuries rank as the 4th-leading cause of death among infants.

Families in Albany, Schenectady, Saratoga, and Troy may be entitled to compensation for medical expenses, therapy, and ongoing care if a birth injury was caused by preventable mistakes.

Common Causes of Birth Injuries

• Oxygen deprivation (hypoxia or asphyxia) during labor
• Improper use of delivery instruments (forceps or vacuum extraction)
• Medication errors or improper administration of anesthesia
• Failure to diagnose complications such as preeclampsia, fetal distress, or infection
• Delayed C-sections or mismanaged labor

Signs of a Birth Injury

Some birth injuries are immediately apparent, while others may develop over time. Common indicators include:

• Cerebral palsy or motor function issues
• Seizures or developmental delays
• Brachial plexus injuries (nerve damage in the arm)
• Broken bones or fractures during delivery
• Shoulder dystocia
• Erb’s palsy.

Legal Options for Families

If a medical professional’s negligence caused a birth injury, families may have grounds for a medical malpractice claim. A personal injury attorney can help:

• Investigate hospital records and delivery protocols
• Identify whether proper medical standards were followed
• Pursue compensation for medical bills, therapy, special education, and lifelong care

What to Do If Your Child Was Injured at Birth

1. Seek medical evaluation and treatment for your child immediately
2. Keep detailed medical records and notes about the delivery
3. Consult a birth injury attorney experienced in Capital Region cases

Contact a Capital Region Birth Injury Attorney

If your child suffered a birth injury due to potential medical malpractice, Dreyer Boyajian LLP can help.

Our personal injury attorneys work with families in Albany, Schenectady, Saratoga, Troy, and surrounding counties to investigate cases, identify responsible parties, and pursue compensation for long-term care needs.