Skip to content

When parents prepare for the birth of their child, they take every precaution to ensure the child has a healthy and safe delivery. Unfortunately, while they may do everything they can, it is still possible for a birth to go wrong in the event that the doctor is negligent during delivery. When this happens, it can result in birth injuries that have the potential to impact a child for the rest of their life. While financial compensation cannot change this, it can help cover the damages that stem from this negligence. If your child sustained a birth injury, it is important to retain the services of an experienced New York medical malpractice attorney for assistance. 

What are Common Birth Injuries?

The negligence of a doctor during delivery can result in various different injuries. Two of the most common birth injuries are cerebral palsy and Erb’s palsy. Cerebral palsy usually occurs due to a lack of oxygen to a child’s brain during delivery. This can cause problems for them later in life such as mental handicaps, speech impairment, hearing problems, sight problems, difficulty walking, seizures, muscle spasms, and more. This injury is typically preventable unless a doctor does not detect or treat infections during pregnancy, monitor fetal heart rate, detect a prolapsed umbilical cord, or perform a cesarean when it is needed. When a child suffers from Erb’s palsy, this is the paralysis of their arm due to injured nerves. This can happen if the doctor is forceful during childbirth by excessively pulling or twisting them.

Why do I Need an Attorney?

Medical malpractice cases can be extremely difficult to win. It is because of this that it is important to retain the services of an aggressive and skilled attorney for assistance. With their help, evidence can be gathered and effectively presented to the court on behalf of the injured party to pursue the compensation they deserve. 

How Long Do I Have to Pursue Legal Action in New York?

Those who wish to seek compensation after a birth injury should know about the statute of limitations. This is a deadline for how long an injured party or their parent/guardian has to file a personal injury claim. If they fail to meet the deadline, they may lose their chance to receive compensation. In the state of New York, the statute of limitations for medical malpractice claims is three years from the date of the injury.

Contact our Firm

If you have been injured in a New York City car accident, Swerling Law is here to help. Our firm understands the challenges that many people face after being hurt in an accident and is prepared to help you receive an award of significant compensation to ease some of your burdens. To schedule a consultation with an experienced construction site accident attorney in New York City, contact Swerling Law today.


To a man who was assaulted at a restaurant and sustained a traumatic brain injury.


Settlement to a barista who slipped and fell on a defective stairwell while working for Starbucks who sustained back injuries requiring multiple surgeries in 2012.


Settlement to a woman who was assaulted and sustained back/hip injuries in 2015.


To a man who sustained back injuries when he was a passenger in the car that rear ended another car.


Verdict to a high school student who was assaulted by a school dean during her lunch period dislocating her hip in 2014.

View More Results

Read Our Latest Blog Posts

What Are My Rights if I Slip and Fall on a Wet Floor in New York?

When you step foot on another party's property, you reasonably expect it to be safe. However, many property owners neglect to uphold their legal duty to maintain a secure environment for their guests, resulting in severe accidents and injuries. If you slipped and fell on a wet floor, you may…

Read More
What Are the Risks of Settling a Car Accident Claim Too Quickly?

If you have been involved in a car accident, this traumatic experience can leave you feeling overwhelmed and eager to move on. However, it's crucial to keep a clear head and not rush into settling your claim too quickly. Understandably, you may face hefty medical bills, lost wages, and other…

Read More