Birth Injury Lawyers in Brooklyn, NY

Brooklyn Birth Injuries: We're Here to Fight for You

Our dedicated Brooklyn birth injury attorneys are here to fight for your family's rights and ensure you receive the compensation and support you need.

Here's what we do for our clients:

• Your Case, Our Focus: We meticulously examine medical records, consult with physicians, and relentlessly pursue the truth to build a strong case.
• Securing Your Child's Future: We are dedicated to seeking compensation  for medical expenses, long-term care, pain and suffering, and other hardships your family faces.
• Navigating the Legal System: Our team will handle all the legal complexities, allowing you to focus on your child's well-being.

We understand that navigating the legal system after a birth injury can be overwhelming. For over 40 years, Jacob D. Fuchsberg Law Firm has stood with families in Brooklyn who have faced the devastating impact of birth injuries.

Meet Our Attorneys

Common Birth Injuries: Finding Justice for Your Child

Our Brooklyn birth injury attorneys have extensive experience fighting for families affected by a wide range of preventable birth injuries, including:

Cerebral Palsy

Cerebral palsy is a group of disorders affecting movement, coordination, and muscle tone. It often stems from brain damage occurring during or shortly after birth, leading to challenges like difficulty walking, talking, or controlling movements.

Hypoxic Ischemic Encephalopathy (HIE)

HIE is a serious brain injury caused by oxygen deprivation during birth. This can happen due to complications during labor or delivery, leading to long-term neurological problems like cerebral palsy, seizures, and developmental delays.

Erb's Palsy

Erb's palsy is a type of brachial plexus injury that affects the nerves in the shoulder and upper arm. It occurs when these nerves are stretched or damaged during birth, often due to excessive pulling or pressure, resulting in weakness or paralysis in the arm, hand, and fingers.

Brachial Plexus Injury

These injuries are caused by nerve damage that occurs when the baby's shoulder or neck is stretched or pulled during birth, leading to weakness, paralysis, or lack of feeling in the arm, hand, and fingers.

Spinal Cord Injuries

These injuries can occur during delivery due to excessive pressure or force on the baby's spine, leading to varying degrees of paralysis and mobility challenges.

We have extensive experience handling a wide range of birth injuries. If your child has experienced any injury during birth, regardless of its severity, please don't hesitate to contact us. We'll provide compassionate guidance and legal advice.

Focus on Recovery: Contingency Fee Approach

We understand that dealing with a birth injury is incredibly stressful, and you shouldn't have to worry about legal fees on top of everything else.

That's why Jacob D. Fuchsberg Law Firm works on a contingency fee basis. This means:

• Free Consultation: We offer a free, no-obligation consultation to discuss your case and determine whether you have a potential medical malpractice claim.
• No Fees Unless We Win: You only pay us if we successfully secure compensation for you.
• No Recovery, No Fee: If we don't win your case, you owe us nothing.

Our system puts your family's well-being first. We are fully committed to fighting for the maximum possible recovery for your child's medical expenses and future needs. We're only successful if you are successful.

While we cover our attorney fees, there may be some case-related costs, such as expert witness fees or the cost of retrieving medical records, that are your responsibility. We'll discuss these potential costs upfront during your free consultation so that you have a clear understanding of the entire process.

Birth Injuries: When Negligence Leads to Tragedy

While some birth injuries are unavoidable, many are preventable due to medical negligence.

Here are some common reasons why birth injuries occur:

• Oxygen Deprivation: When the baby’s oxygen supply is interrupted (hypoxia or asphyxia) during delivery, it can lead to devastating brain damage.
• Improper Use of Delivery Tools: Forceps and vacuum extractors are intended to assist with delivery, but when misused, they can cause serious injuries.
• Delayed Cesarean Section (C-section): When a C-section is medically necessary but delayed, it can result in severe complications for both mother and baby.
• Maternal Infections: Untreated infections in the mother can be passed to the baby, leading to complications and potential injuries.
• Medication Errors: Incorrect dosage or administration of medication can have devastating consequences for the baby.

Your child's future matters. If you believe their birth injury could have been prevented, it's essential to speak with a dedicated birth injury attorney. We can help you understand the medical complexities and explore your legal options to fight for their best interests.

Holding the Responsible Parties Accountable

When a birth injury occurs due to medical negligence, it's crucial to identify all potentially liable parties so you can pursue the maximum compensation for your child.

These responsible parties may include:

• Doctors: Obstetricians, pediatricians, and other specialists involved in your pregnancy and delivery who may have acted negligently during prenatal care, labor, or delivery.
• Nurses: Nurses who may have failed to recognize signs of fetal distress, misinterpreted fetal heart rate monitoring, or made medication errors.
• Hospitals: Healthcare facilities can be held liable for inadequate staff, equipment, or safety protocols that contributed to your child's injury.
• Other Medical Professionals: Anesthesiologists, radiologists, and other specialists who may have made mistakes or deviated from the accepted standard of care.

Proving liability in a birth injury case can be complex, but our skilled Brooklyn birth injury lawyers are dedicated to uncovering the truth. We meticulously investigate every detail, work closely with medical experts, and fight tirelessly to secure the compensation your child deserves.

Building Strong Cases: Proving Medical Negligence

Proving that your child's birth injury was the result of medical malpractice is a complex legal process. At Jacob D. Fuchsberg Law Firm, our experienced Brooklyn birth injury attorneys understand the challenges you face and are committed to building a strong case for you.

Here's how we approach proving medical negligence:

• Standard of Care: We will outline the accepted medical practices that should have been followed during your pregnancy and delivery.
• Breach of Duty: We will show how the healthcare providers involved deviated from this standard of care, demonstrating a failure to meet the expected level of professionalism.
• Causation: We will prove that the medical professional's negligence directly caused your child's injury, establishing a clear link between the actions and the harm.
• Damages: We will thoroughly document the extent of your child's injuries, ensuring that the compensation you receive fully reflects the challenges your child faces.

To establish negligence in a birth injury case, our team will meticulously gather evidence and support by:

• Doing a Thorough Medical Record Review: We'll analyze medical records for any signs of error, omissions, or potential negligence during your child's birth.
• Collaborating With Medical Experts: Our team will work closely with medical experts to demonstrate the direct link between medical negligence and your child's injuries.
• Gathering Witness Statements: We will collect testimony from family members and any medical staff present during the birth to build an understanding of the events.

While proving negligence can be challenging, our Brooklyn birth injury lawyers at Jacob D. Fuchsberg Law Firm are dedicated to uncovering the truth, holding accountable those responsible for your child's injuries, and securing the justice and compensation your family deserves.

Financial Support for Your Child's Future Needs

A successful birth injury claim can provide the financial support your child needs to thrive and overcome the challenges they face. We understand that every case is unique, so we work to secure compensation that addresses all aspects of your child's needs.

Here are some types of damages commonly sought in birth injury cases:

• Medical Expenses: Coverage for hospitalization, surgeries, therapies, rehabilitation, assistive equipment, medications, and long-term care needs.
• Lost Wages: Compensation for lost income if a parent needs to reduce work or quit their job to provide care for their child, providing financial stability during this difficult time.
• Home Modifications: Costs to adapt your home to accommodate your child's needs and create a safe and accessible living environment.
• Pain and Suffering: Compensation for the physical pain and emotional distress your child has endured due to the injury, recognizing the hardship they have faced.
• Emotional Distress: Recognition and financial support for the anguish and mental suffering experienced by parents and families impacted by a birth injury.
• Loss of Quality of Life: Compensation for the impact of the injury on your child's ability to participate in activities and enjoy life experiences.

Our skilled Brooklyn birth injury attorneys will carefully evaluate your unique situation to determine the specific types and amount of compensation your child is entitled to receive. We fight to ensure that every dollar you get will help secure a brighter future for your child.

Medical Experts: Our Specialists Work for You

We understand that birth injury cases often involve complex medical issues, which is why we work with a network of highly qualified medical professionals to provide the necessary support for your case.

Our team of specialists may include:

• Obstetricians and Neonatologists: To analyze prenatal care, the delivery process, and the baby's initial care, ensuring we understand the events leading up to the injury.
• Pediatric Neurologists: To assess the extent of brain damage and its long-term impact, providing expert insight into your child's neurological needs.
• Life Care Planners: To project the future medical needs and costs associated with your child's care, ensuring that any compensation reflects their long-term requirements.
• Rehabilitation Specialists: To determine the scope of therapy your child will require, providing crucial evidence regarding the level of care needed.

We are committed to leaving no stone unturned in fighting for your child.

Ensuring Your Child's Healthcare Is Covered

We understand that your primary concern is your child's well-being, and we want to assure you that filing a birth injury claim will not jeopardize their health insurance coverage.

The Affordable Care Act (ACA) safeguards individuals with pre-existing conditions, including birth injuries, ensuring access to health insurance. This means your child will continue to have the necessary medical coverage regardless of any legal action you take.

We are also aware that in some specific situations, a portion of a settlement might be recouped by Medicaid if they've already paid for services related to the birth injury. We will be transparent about these potential scenarios and provide clear guidance on how to navigate them effectively.

Rest assured, your child's access to quality healthcare remains our top priority. We are dedicated to fighting for your child's rights and ensuring their well-being throughout this process.

Uncapped Compensation: New York's Protections

New York State recognizes the devastating impact of birth injuries and does not impose a cap on damages for medical malpractice cases involving these injuries. This means there is no artificial limit on the amount of compensation you can receive for your child's injuries and future expenses.

The severity of your child's injuries and their long-term needs will determine the amount you're entitled to. You can rest assured that we'll fight tirelessly for every dollar your child deserves.

Act Now: Protecting Your Child's Future

There are strict time limits for filing a birth injury lawsuit, known as the statute of limitations. In New York, you only have 2.5 years from the date the injury occurred or was discovered to file a claim on your child's behalf.

This means that waiting could cost you dearly. Missing this deadline could mean losing your right to seek compensation for your child's injuries, jeopardizing their future care and well-being.

Don't wait! Contact our experienced Brooklyn birth injury lawyers immediately for a free consultation. We can help you understand your legal options, protect your child's rights, and secure the compensation they deserve.