Skip to content

Getting ready to have a baby is one of the most exciting and memorable times in a person’s life. Throughout the duration of the pregnancy, parents do everything in their power to make sure they have a perfectly healthy baby. While this is true and there are none or few issues in most cases, even the most prepared parents do not have complete control over the process of the baby’s birth. In the event that a doctor acts negligently during delivery, it can cause serious harm to their baby in the form of birth injuries. This is medical malpractice and parents can pursue legal action as a result. Continue reading below to learn more. 

What Injuries Can Be Caused?

If a doctor does not act to the best of their ability during a baby’s birth, it can result in severe birth injuries. These can impact a newborn for the rest of their life, as it can cause certain deformities. Common birth injuries can include:

  • Erb’s palsy
  • Cerebral palsy
  • Facial paralysis
  • Spinal cord injuries

If a doctor misuses a vacuum extractor or forceps, it can cause brain damage to a baby. In addition to this, excessive force when using a shoulder dystocia can cause brachial plexus injuries. 

How Do I Hold a Doctor Responsible?

When a person receives their license to practice medicine, they are legally required to act in the best interest of their patients. This involves doing their job to the best of their ability. If they fail to do so and cause harm to their patients as a result, doctors can be held liable for their suffering. In the event of a birth injury, the baby’s parents can pursue legal action on their behalf by filing a personal injury claim. In doing so, they are required to prove the doctor deviated from the standard of care that was owed, directly causing the newborn’s injuries. If they are found guilty, compensation may be recovered for the damages as well as aid for the baby’s future.

Contact our Firm

If you have been injured in a personal injury 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.


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.


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


Settlement to a man who was run over by a dump truck on a Brooklyn street causing him to sustain multiple injuries, including but not limited to a broken leg and detached urethra in 2019.


Settlement to a woman who slipped and fell down a wet stairwell in a New York City Housing Authority building requiring a back surgery in 2018.

View More Results

Read Our Latest Blog Posts

When filing a car accident claim, what mistakes should I avoid?

Oftentimes, after a car accident victims are saddled with both economic and noneconomic damages such as expensive medical bills, lost wages, pain and suffering, mental anguish, and property damage. Victims are legally entitled to file a claim against a negligent party to seek monetary compensation for their damages. However, a…

Read More
How common are tailgating accidents in New York?

When a motorist engages in violent driving behavior where they ride up on a vehicle's tail or follow the car in front of them too closely, neglecting to leave a safe distance between themselves and the other vehicle, this is known as tailgating. Essentially, a tailgating accident occurs when a…

Read More