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Long Island Birth Injury Lawyer

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  • $75M+ Recovered for Injured Clients
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The birth of a child should be a joyful and safe experience. Parents trust doctors, nurses, and hospitals to carefully monitor both mother and baby during pregnancy, labor, and delivery. In most cases that trust is well placed. However, when medical professionals fail to follow accepted standards of care, serious birth injuries sometimes happen and the consequences can be devastating.

Birth injuries can have lifelong ramifications for a child and their family. Some injuries may require years of medical treatment, therapy, or specialized care. In the most severe situations, a birth injury may result in permanent disability.

Around Long Island, birth injury cases may come up during pregnancy, labor, or delivery in hospitals and medical facilities. These situations often involve intricate medical questions and require a full review of medical records and expert analysis to determine whether negligence occurred.

At Palermo Law, our firm focuses on representing individuals who have been injured due to negligence. While our primary practice involves personal injury litigation, birth injury cases involve specialized medical and legal issues that fall within medical malpractice law.

How We Can Help

We connect families with experienced birth injury attorneys

We work with attorneys who focus specifically on birth injury and medical malpractice litigation. When someone contacts us with concerns about a birth injury, we help review the circumstances and connect families with experienced attorneys who have the knowledge and experience necessary to evaluate these specific claims.

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The information below explains how birth injuries sometimes happen and what families should know if they believe medical negligence may have caused or contributed to their child’s condition.

What Is a Birth Injury?

A birth injury occurs when a baby suffers physical harm before, during, or shortly after delivery. Some birth injuries are unavoidable complications, but others may occur when medical providers fail to properly monitor or respond to problems during pregnancy and/or labor.

Medical negligence may be involved when healthcare providers fail to recognize warning signs, delay necessary treatment, or make errors during delivery. When doctors or medical staff do not meet accepted medical standards and a child is injured as a result, the situation may involve medical malpractice.

Birth injuries can occur for many reasons. Some involve complications during labor, while others may arise from improper use of delivery tools or delayed medical intervention.

Examples of situations that may lead to birth injuries include:

  • failure to monitor fetal heart rate during labor
  • delayed or improperly performed cesarean section
  • misuse of delivery instruments such as forceps or vacuum extractors
  • failure to recognize fetal distress
  • improper management of labor complications

Determining whether a birth injury resulted from negligence usually requires a detailed review of the medical records and consultation with specialists in obstetrics and neonatal care.

Common Types of Birth Injuries

Birth injuries can take many different forms depending on the circumstances of the pregnancy and delivery. Some injuries may heal over time, while others can result in permanent medical conditions.

  • Cerebral Palsy

    Cerebral palsy is one of the most serious birth injuries and is often associated with oxygen deprivation during labor or delivery. When a baby’s brain does not receive enough oxygen, permanent neurological damage can occur.

    This condition can affect movement, muscle coordination, and cognitive development.

  • Brachial Plexus Injuries

    Brachial plexus injuries occur when nerves controlling the shoulder and arm are stretched or damaged during delivery. These injuries may happen when excessive force is used while delivering the baby’s shoulders.

    Some children develop a condition known as Erb’s palsy, which causes weakness or paralysis in the arm.

  • Oxygen Deprivation (Birth Asphyxia)

    Oxygen deprivation during birth can lead to serious brain injuries and other complications. This condition may occur if a baby experiences prolonged labor complications or if fetal distress is not recognized quickly enough.

    In severe cases, oxygen deprivation can result in long-term neurological damage.

  • Fractures and Physical Trauma

    Some newborns suffer physical injuries during delivery, including fractured clavicles or other bone injuries. While many fractures heal over time, they can still require medical treatment and may indicate that excessive force was used during delivery.

  • Injuries That Can Result from Birth Negligence

    Birth injuries can have significant long-term consequences for both the child and their family. Depending on the severity of the injury, children may require ongoing medical care, therapy, or specialized educational support.

    Common complications associated with birth injuries may include neurological disorders, developmental delays, physical disabilities, nerve damage affecting movement or coordination, cognitive impairments, and lifelong medical needs.

Studies estimate that thousands of babies in the United States suffer birth injuries each year, with serious harm occurring in roughly three out of every thousand deliveries.

Because these injuries often affect a child’s development, early medical treatment and specialized care are critical.

Why Birth Injury Cases Are Complex

Birth injury cases are often among the most complicated types of medical malpractice claims to pursue. These cases require a detailed and thorough investigation and review by an expert to determine whether medical negligence occurred.

Several factors contribute to the complexity of these cases.

Extensive Medical Records

Birth injury cases often involve large amounts of medical documents, including prenatal records, labor and delivery notes, fetal monitoring data, and neonatal care records. All of which must be reviewed by a medical professional.

These records must be carefully reviewed by the professional to determine whether medical providers followed appropriate procedures.

Expert Medical Testimony

Medical experts are usually required to evaluate the care provided during pregnancy and delivery and determine whether the standard of care was violated.

Multiple Medical Providers

Birth injuries may involve several healthcare professionals involved in the care, including obstetricians, nurses, anesthesiologists, and hospital staff. Determining responsibility often requires detailed investigation and in many cases litigation.

Because of these factors, birth injury cases are typically handled by attorneys who focus specifically on medical malpractice and obstetric negligence.

How Palermo Law Helps with Birth Injury Cases

At Palermo Law, our firm represents individuals who have been injured due to negligence. Over the years, many families have contacted us after learning that their child may have suffered a birth injury during pregnancy or delivery.

Birth injury cases involve complex medical and legal issues. These cases usually require attorneys who focus specifically on medical malpractice and have the resources necessary to analyze medical records and consult with qualified experts.

When someone contacts our firm about a potential birth injury, we help review the situation and determine whether further investigation may be appropriate. If the circumstances suggest that medical negligence may have occurred, we can connect families with experienced birth injury attorneys who focus on these cases.

Our goal is to ensure that families receive guidance from attorneys who have the specialized knowledge needed to evaluate these complex claims.


Steven Palermo, Founder of Palermo Law
Reviewed by

Steven Palermo Esq.

Senior Partner, Palermo Law, P.L.L.C.

Steven Palermo is a Long Island personal injury attorney with more than 25 years of experience representing injured victims in Nassau and Suffolk Counties. He is admitted to the New York State Bar and the United States District Court for the Eastern District of New York.

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Contact Palermo Law if You Suspect a Birth Injury

If your child experienced complications during pregnancy or delivery and you believe a medical error may have occurred, it may be helpful to speak with an attorney about the situation.

Palermo Law serves clients throughout Nassau County and Suffolk County with offices located across Long Island, including Huntington, Babylon, Patchogue, Riverhead, East Hampton, Mineola, Hauppauge, Carle Place, and Elmont.

If you have questions about a potential birth injury case, contact Palermo Law to discuss your situation and learn about the legal options that may be available. In New York, birth injury and medical malpractice claims must generally be filed within two years and six months under CPLR § 214-a, and claims involving public hospital deliveries may require a Notice of Claim within 90 days. Speaking with an attorney as early as possible helps protect those rights.

Helping the Injured Throughout Long Island

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Birth Injuries Frequently Asked Questions

A birth injury is physical harm that occurs to a baby before, during, or shortly after delivery.

No. Some birth complications occur even when doctors provide appropriate care. A malpractice claim usually requires proof that a medical provider failed to follow accepted medical standards.

Common birth injuries include cerebral palsy, brachial plexus injuries such as Erb's palsy, oxygen deprivation injuries, and fractures occurring during delivery.

These cases usually require detailed review of medical records and evaluation by medical experts in obstetrics and neonatal medicine.

If you believe medical negligence may have contributed to your child's condition, speaking with an attorney can help determine whether further investigation is appropriate.

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