Birth Injury Lawyers in Queens, NY

Queens Birth Injury Lawyers Dedicated to Serving Families

A birth injury isn’t just a medical event — it's a life-altering experience that comes with immense physical and emotional hardships.

Our birth injury attorneys understand the complex and sensitive nature of these cases and are committed to providing compassionate support while aggressively pursuing legal rectification. We’ve handled birth injury cases in Queens and throughout New York for more than 40 years.

Here’s how we can help you:

• Investigating the Circumstances: We’ll meticulously examine medical records and consult medical experts to uncover the truth behind your child's birth injury.
• Fighting for Maximum Compensation: We’re relentless in seeking damages to cover medical expenses, long-term care, lost wages, and pain and suffering.
• Guiding You Every Step of the Way: Our team will handle all the legal complexities so you can focus on your child's well-being.

Taking legal action after a birth injury can be overwhelming. You deserve trustworthy and empathetic assistance in seeking compensation. Jacob D. Fuchsberg Law Firm can give it to you.

Meet Our Attorneys

Common Birth Injuries We Handle

Our birth injury attorneys have extensive experience handling a wide range of birth injuries, including the following:

Cerebral Palsy

Cerebral palsy is a group of disorders that affect movement, coordination, and muscle tone. It often results from brain damage that occurs during or shortly after birth. This damage can lead to an array of challenges, including difficulty walking, talking, or controlling movements.

Hypoxic Ischemic Encephalopathy

Hypoxic ischemic encephalopathy (HIE) is a serious brain injury caused by oxygen deprivation during birth. This can happen when a baby's oxygen supply is interrupted due to complications during labor or delivery. HIE can lead to long-term neurological problems, such as 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. The result is weakness or paralysis in the arm, hand, and fingers.

This is by no means an exhaustive list. If your child has experienced any injury during birth, no matter how minor, we want to understand your situation. We offer a free consultation to assess the circumstances of your child’s injury and determine whether you have a potential medical malpractice case.

Focus on Your Child, Not Legal Costs

Our firm works on a contingency fee basis. Here’s what that means:

• Free Consultation: We’ll evaluate your case without any obligation on your part.
• No Fees Unless We Win: We only get paid if we secure compensation for you.
• Transparent Communication: We’ll give you our honest opinion about your case’s chances of success.

Our fee structure prioritizes your family's well-being — we're fully committed to securing the maximum possible recovery for your child's medical expenses and future needs.

While the fees for our services are covered, there may be additional case-related costs, such as expert witness fees or medical records, that are your responsibility. We'll be transparent about these potential costs during your consultation so you have a clear understanding of the process.

Potential Causes of Birth Injuries

Birth injuries can have numerous contributing factors. However, many are preventable and occur primarily due to medical negligence. Here are some common reasons for birth injuries:

Oxygen Deprivation

A baby's brain needs a constant supply of oxygen to grow and function properly. When this supply is interrupted (due to hypoxia or asphyxia) during delivery, it can lead to devastating and permanent brain damage.

Improper Use of Delivery Tools

Forceps and vacuum extractors can be helpful tools, but if they're misused, they can cause serious injuries to the baby, such as nerve damage, head injuries, or broken bones.

Excessive Pressure or Force

Applying too much pressure or force to the baby's head or neck during the delivery process can injure the brachial plexus nerves or increase the risk of spinal cord injuries.

Delayed Cesarean Section

When a C-section is necessary but delayed, it can result in severe complications for both mother and baby, including oxygen deprivation, brain damage, and birth defects.

Maternal Infections

Untreated infections in the mother can be passed to the baby, giving rise to various complications and potential injuries.

Medication Errors

Incorrect dosage or administration of medication can have devastating consequences, including many of the outcomes listed above.

Determining the exact cause of a birth injury requires specialized medical analysis. If you believe your child's injury could have been prevented, it's vital to speak with a qualified birth injury attorney. Our lawyers can help you understand the nature of your child’s condition and explore your legal options.

Identifying Potential Liable Parties

When a birth injury results from medical negligence, any of several parties may be liable.

These could include:

• Doctors: Obstetricians, pediatricians, and other specialists involved in your pregnancy and delivery.
• Nurses: Nurses responsible for monitoring the mother and baby during labor and delivery.
• Hospitals: Inadequate staff, equipment, or safety protocols that make healthcare facilities dangerous.
• Other Medical Professionals: Anesthesiologists, radiologists, and other specialists who make mistakes or deviate from the accepted standard of care.

Proving liability in a birth injury case can be difficult. Our attorneys have the knowledge and experience needed to meticulously investigate your case. We’ll work closely with medical professionals and other experts to build a strong case and secure the compensation your child deserves.

Building Your Case for Medical Negligence

Making a convincing case for medical malpractice isn’t easy, but our experienced Queens birth injury attorneys know what it takes to succeed.

We’ll set out to establish:

• Standard of Care: Our lawyers will demonstrate the accepted medical practices that should have been followed in your situation.
• Breach of Duty: Next, we’ll show how the healthcare providers involved deviated from the standard of care.
• Causation: We’ll then prove that the medical professional's negligence directly caused your child's injury.
• Actual Harm: Finally, we’ll document the extent of your child's injuries and medical costs, as well as the impact on their future.

To complete this critical first step, our team will collect important evidence by performing the following duties:

Reviewing Medical Records

We'll carefully analyze your and your child’s medical records, looking for any signs of error, omissions, or potential negligence prior to or during their birth.

Collaborating with Medical Experts

Our team will work closely with medical experts to interpret records, establish the appropriate standard of care, and demonstrate a direct link between the medical negligence in question and your child's injuries.

Gathering Witness Statements

We’ll collect testimony from family members and any medical staff present during the birth to paint an accurate and comprehensive picture of the events.

Our formidable attorneys will stop at nothing to arrive at the truth and hold those responsible for your child's injuries accountable.

Financial Support for Your Child's Needs

A successful birth injury claim can provide the financial support your child needs for their ongoing care and future well-being.

While every case is unique, here are the types of damages commonly sought in birth injury claims:

• Medical Expenses: Coverage for past and future medical costs, including hospitalization, surgeries, assistive equipment, medication, and long-term care needs.
• Lost Wages: Compensation for lost income if a parent needs to reduce their work hours or quit their job to provide care for their child.
• Home Modifications: Costs to adapt your home to accommodate your child's needs and create a safe and accessible living environment.
• Pain and Suffering: Payment for the physical pain and emotional distress your child has endured due to their injury.
• Emotional Distress: Recognition of the anguish and mental suffering experienced by parents and families impacted by birth injuries.
• 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.

The specific types and amounts of compensation available in your case will depend on the unique circumstances of your child's injury and their long-term needs. A seasoned birth injury attorney can carefully evaluate your situation and offer a better estimate of your potential recovery.

Our Trusted Team of Specialists

We work with a network of highly qualified medical professionals to provide the necessary aid and support to our clients. These include:

• Obstetricians and Neonatologists: To analyze prenatal care, the delivery process, and the baby's initial care.
• Pediatric Neurologists: To assess the extent of brain damage and its long-term effects.
• Life Care Planners: To project the future medical needs and costs associated with your child's care.
• Rehabilitation Specialists: To determine the nature and scope of the therapy your child will require.

Our team is prepared to partner with leading medical experts to build a strong case for you and your child. We’ll leverage their knowledge and insight to present compelling evidence, establish your child's needs, and ensure that you receive the maximum compensation for which you’re eligible.

Protecting Your Child's Healthcare Coverage

Filing a birth injury claim shouldn’t jeopardize your newborn's health insurance coverage. The Affordable Care Act (ACA) safeguards individuals with pre-existing conditions, including birth injuries, ensuring fair access to health insurance. This means your child will continue to have the necessary medical coverage regardless of any legal action you take.

In some specific situations, Medicaid might recoup a portion of a settlement if the program has already paid for services related to the birth injury. We'll be upfront about these potential scenarios and advise you on how to deal with them effectively. Your child's access to quality healthcare is our top priority.

Uncapped Compensation for Your Child's Needs

New York doesn’t impose a cap on damages for medical malpractice cases, including those involving birth injuries. In other words, there’s no limit on the amount of compensation you can receive for your child's injuries and future expenses — the severity of their losses and their long-term needs will determine the amount you're entitled to.

You can rest assured that our team will fight for every dollar your child needs to get the care and support they require.

The Statute of Limitations for Birth Injury Claims

There are strict time limits for filing a birth injury lawsuit. In New York, you have two years and six months from the date the injury occurred or was discovered to file a claim on your child's behalf.

It's essential to contact an experienced birth injury lawyer as soon as possible. Missing the deadline could mean losing your right to seek compensation.

Don't wait. Reach out to Jacob D. Fuchsberg Law Firm to protect your child's rights and begin planning for their future.