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  • Writer's pictureLeitner Varughese Warywoda

Understanding Birth Injuries in New York: Protecting Your Child's Future


The joy of welcoming a new baby into the world can be shattered by the devastation of a birth injury. When childbirth goes wrong, parents face overwhelming questions, medical complexities, and an uncertain path forward. If you believe negligence during your child's delivery caused lasting harm, know that you do not have to walk this road alone. This guide seeks to provide clarity on birth injuries and your legal options, helping you fight for the justice and resources your family deserves.

Common Types of Birth Injuries

Medical professionals have a duty to perform at the highest standards of care during delivery. A mistake made in the delivery room can have life-long consequences for a child. Below are just some of the birth injuries parents should be aware of:

  • Brain Injuries:

  • Hypoxic-Ischemic Encephalopathy (HIE):Lack of oxygen or blood to the baby's brain during labor or delivery can cause extensive damage. This can lead to cerebral palsy, developmental delays, seizures, and cognitive impairments.

  • Intracranial Hemorrhage: Bleeding into the brain or its surrounding spaces. Severe hemorrhage can result in long-term disabilities.

  • Nerve Injuries:

  • Bone Fractures: The forceful birthing process can sometimes result in fractured collarbones, arms, or other bones. Depending on the severity, it could lead to ongoing complications.

  • Cephalohematoma: This common but serious condition involves bleeding under the skull bone, potentially leading to jaundice, anemia, or infection.

Medical Negligence: Did Mistakes Cause the Injury?

Establishing medical negligence is the heart of a birth injury case. While not every injury automatically implies medical malpractice, scenarios suggestive of medical error deserve scrutiny:

  • Delayed C-section: Failure to promptly perform a cesarean section when the baby or mother is in distress raises red flags about whether doctors adhered to proper medical protocols.

  • Misuse of Forceps or Vacuum Extractors:Improper use of instruments during delivery can damage a baby's head, nerves, and facial structures.

  • Medication Errors: Mistakes administering medication to the mother can inadvertently harm the baby before or during childbirth.

  • Failure to Monitor: Obstetricians should closely monitor maternal health and fetal status. Unacceptable delays in recognizing abnormal heart rate patterns or potential delivery complications could endanger both lives.

  • Misdiagnosis: Not identifying specific conditions with the mother (infections, gestational diabetes) or birth defects with the baby could lead to harmful decisions in the delivery process.

Finding Proof: Building a Birth Injury Lawsuit

  • Gather Medical Records: Your child's records and your own are vital evidence. Obtain these quickly and preserve them carefully.

  • Consultations with Specialists: Pediatric neurologists and other experts can offer a proper birth injury diagnosis, clarify the cause, and help predict the future needs your child may require.

  • Legal Expertise: Experienced birth injury attorneys consult with their own network of top medical experts to analyze records, establish a detailed timeline of events, and prove how the standard of care was breached. Only when medical negligence is irrefutably shown can families receive financial resources so crucial to their child's needs.

Your Legal Options

The full weight of a birth injury can take time to reveal. A birth injury claim aims to ensure you're not burdened financially on top of everything else, providing compensation for:

  • Lifelong Medical Expenses: Treatment, rehabilitation, therapy, assistive devices, and more.

  • Special Education Services: The costs associated with ensuring your child achieves their fullest possible potential.

  • Lost Future Earning Capacity: If the injury limits your child's ability to support themselves as adults.

  • Pain and Suffering: While no amount of money undoes the harm, it acknowledges the emotional toll suffered by both child and family.

Choosing the Right Birth Injury Lawyer: Experience and Sensitivity Matter

This area of law is intensely challenging, requiring deep medical knowledge and tenacity in battling healthcare providers. Seek out a lawyer with:

  • Demonstrated Birth Injury Track Record: It's not enough to be a general personal injury firm. They should have specific verdicts and settlements proving their skill in these specific cases.

  • Compassionate Understanding: Birth trauma affects parents profoundly. You deserve legal representation that listens with empathy and validates your struggles.

  • Commitment to Full Damages: Some attorneys settle quickly for smaller amounts. You want a firm that prepares each case to win at trial, securing maximum compensation to truly safeguard your child's future.

Leitner Varughese Warywoda: Advocating for Your Child

For decades, our firm has stood alongside NYC families fighting for their children after traumatic birth events. We provide the fierce legal representation and support to help weather this crisis. Learn more at or call us at (212) 671-1110 for a free, confidential consultation.


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