NYC Birth Injury Lawyer

Trusted Birth Injury Attorney in NYC

Welcoming a child into the world is a joyous occasion, but it’s understandable to feel worried when things don’t go as planned. No parent wants to think about the possibility of a birth injury affecting their newborn. If you’re in this situation, you’re not alone, and there are resources available to help you through this difficult time. As a compassionate and skilled professional, Brett Nomberg is an NYC Personal Injury Lawyer, offering guidance and support for families in need.

What is a Birth Injury?

Birth injuries are physical injuries or damages sustained by a newborn during the birthing process. These can range from minor bruises to severe conditions that affect a child’s long-term well-being. Common birth injuries include:

Recognizing these birth injuries early can lead to better outcomes, emphasizing the importance of medical experienced during childbirth.

Causes of Birth Injuries

Birth injuries can be caused by a variety of circumstances, some of which may involve medical malpractice. Common causes include:

• Prolonged labor
• Improper use of delivery tools such as forceps or vacuums
• Fetal distress not identified in time
• Inadequate monitoring during labor
• Delayed C-sections

In instances where negligence plays a role, families have the right to seek legal recourse.

Legal Rights and Pursuing a Claim

In New York City, the rights of families and children facing birth injuries are safeguarded by specific laws. If you suspect negligence, consulting with an NYC Birth Injury Lawyer is important. Some relevant laws and resources include:

• The New York State Office of Professional Medical Conduct
• New York Public Health Law

Proving negligence in these cases usually involves demonstrating the following:

• Duty of care – The existence of a professional relationship with a medical provider
• Breach of duty – The provider failed to uphold the standard of care
• Causation – The breach directly led to the injury
• Damages – Proving the extent of damages due to the injury

How Can an NYC Birth Injury Lawyer Help?

Hiring a dedicated birth injury lawyer like Brett Nomberg involves:

• Thorough evaluation of your case
• Gather medical records and expert testimony
• Identifying the liable parties
• Explain your legal options
• Navigating the legal process on your behalf

Reputable attorneys should possess a deep understanding of the complex medical and legal issues to fight on your behalf.  Compensation can include pain and suffering, loss of enjoyment of life, medical expenses, and future medical care.

NYC Birth Injury Claims

New York City sees a significant number of birth injury claims each year, consistent with its position as one of the highest-volume birth markets in the country, with close to 125,000 deliveries annually. When medical negligence occurs and a baby is injured, it may impact the whole family. Specifically:

• Birth injuries can lead to long-term disabilities and require ongoing medical care, therapy, and special education services.
• The financial impact on families can be substantial, with lifetime care costs for severe injuries such as cerebral palsy potentially exceeding $1 million.

If you have questions about your family’s experience or if you suspect your child has suffered a birth injury, contact Brett Nomberg for a free consultation to discuss your options.

Why Hire a Birth Injury Lawyer?

Attorneys handle all the details of their clients’ cases for them, allowing them to focus on providing care for their newborns during this difficult time. Your attorney will:

• File the necessary legal paperwork
• Collect evidence to support your claim
• Negotiate with the hospital’s insurance company
• Litigate your case in court, and litigate at trial before a jury

How long birth injury cases take to settle varies. In straightforward cases where liability is obvious and the injuries are resolved, it is possible to start negotiating to settle the case early.  However, that is not the typical case which is why it can take several years before the insurance company and you are ready to start negotiating a settlement.

30 Years of Beating NY’s Largest Defense Firms

Big Firm Results. Personal 24/7 Attention.

Brett Nomberg personally handles every single case from trial through appeals. Speak directly to your lawyer—even on weekends. No attorney fee unless we win.

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(212) 808-8092

Serving NYC, Long Island, Westchester, and All of New York State. Available 24/7.

Frequently Asked Questions

What Should I Do if I Suspect a Birth Injury?

There are two things you should do if you suspect a birth injury. Seek immediate medical attention for your child and consult a NYC birth injury attorney to discuss potential legal actions. A lawyer can help you determine liability and hold the party responsible for the harm suffered by your child accountable, helping you recover compensation.

How Long Do I Have to File a Birth Injury Claim in NYC?

How long you have to file a birth injury claim in NYC is determined by the statute of limitations. In New York, the statute of limitations for filing a medical malpractice claim is generally 2.5 years from the date of injury, but there are exceptions that may shorten or lengthen that time. The best advice is to promptly speak with an experienced medical malpractice attorney for a free consultation. 

What Compensation Can be Pursued?

There are several types of compensation that can be pursued. Families can seek compensation for pain and suffering, loss of enjoyment of life, medical equipment, past medical expenses and future treatment related costs. Your attorney will help you identify your damages so that you can fight for full compensation for the birth injury suffered by your child.

Can a Birth Injury Be Prevented?

While not all birth injuries can be prevented, proper prenatal care, monitoring, and skilled medical intervention can significantly reduce risks. Some birth injuries are caused by unavoidable physical complications, but some of them are the result of medical malpractice on the part of the doctors providing care during the delivery process.  

Can I File a Claim for a Traumatic Birth?

In New York, a medical malpractice lawsuit first requires consulting with a medical expert in the relevant field to determine whether there is a potential meritorious action against the doctor or facility.  Upon being informed that there is a meritorious action showing a departure from the accepted standard of medical care and causation, a lawsuit can be promptly commenced. 

Why Choose Brett Nomberg?

Brett Nomberg has a wealth of experience helping families tackle complex birth injury cases in the NYC area. Located at 600 Third Avenue, 2nd floor, New York, NY 10016, Brett provides personalized, empathetic services to families in need. His extensive experience ensures that clients receive not only legal representation but also the understanding and support they deserve during such a challenging time. You can reach our office at (212) 808-8092 for more information.

Resources for Families in NYC

Here are some local resources that may be helpful: