New York Birth Injury Lawyer

Choose An Experienced Birth Injury Attorney in New York With A 5-Star Rating

The Law Office of Brett J. Nomberg, PLLC has a top-rated New York birth injury lawyer who has been successfully helping injured people for over 30 years. At the Law Office of Brett J. Nomberg, PLLC, we treat clients like family. Right from the start, you will feel at ease working with a caring and compassionate birth injury attorney who is on your side. Check out our five-star Google reviews by actual former clients.

Our Reviews

Our 5-star Google rating is a testament to our hard work and commitment to client satisfaction. At the Law Office of Brett J. Nomberg, PLLC, clients can easily reach their lawyer to ask questions about the case at any time. Our compassion and aggressiveness in court are why we continue to obtain settlement awards for our clients.

If you or a loved one was injured in a medical malpractice case in New York, call us for a free consultation to speak with a New York birth injury lawyer.

*Client testimonials reflect individual experiences and do not guarantee a similar outcome.

OUR VICTORIES IN COURT

Mr. Nomberg has taken to verdict or settled each of the cases below, which represent only a handful of our successes. **

• $4.5 Million Jury Verdict for Queens man whose artery was mistakenly cut during a surgery resulting in permanent brain injury
• $3.9 Million Settlement for Brooklyn Man who suffered brain injury when his blood pressure was not properly regulated during an eye surgery.

**Past results do not guarantee a similar outcome. Every case is different and must be evaluated on its own merits.

4 HELPFUL TIPS FOR A NY BIRTH INJURIES CASE

1. Obtain full copies of the hospital, pediatrician, and obstetrician records with heart monitoring strips.
2. Make a list of all doctors and hospitals where you received treatment along with the dates of treatment.Get your treating pediatrician’s opinion about the birth injury.
3. Get the names of any witnesses, including nurses.
4. Contact a New York birth Injuries attorney immediately to protect your rights.

Learning that your newborn child is injured is a terrible burden for any parent.  Discovering that your child’s injury was preventable makes the matter worse.  Birth injuries from medical malpractice occur in many different ways.

One type of birth injury is Erb’s palsy. Erb’s palsy is a nerve injury affecting the shoulder and arm. This can occur when the child’s shoulder becomes caught behind the mother’s pelvic bone during delivery. Failing to properly perform the delivery and failing to properly treat the shoulder injury can cause Erb’s palsy.

Possible Causes of Birth Injuries

Lack of oxygen during birth can cause irreparable harm to the child, even for a short period of time.  Injuries such as Cerebral Palsy can occur if a child is deprived of oxygen during labor or delivery.  The importance of proper fetal monitoring during labor is critical in preventing any loss of oxygen to the child. 

Birth injuries may also occur from failing to diagnose infection, failing to timely perform a C-section, umbilical cord injuries, failing to detect fetal distress, failing to give adequate oxygen to a premature newborn,  failing to properly treat placental abruption, using excessive force during delivery, and improper administration of drugs such as Pitocin to induce labor.

Recent changes in the law sponsored by Governor Andrew Cuomo has limited the damages an infant can receive for future medical treatment in medical malpractice actions. Instead, a special fund was created for these children, but it is not clear how long the fund will last. It is important to consult with an experienced malpractice attorney familiar with these laws when considering bringing a lawsuit.

Why Hire a Birth Injury Lawyer?

If your baby was born with birth injuries due to medical malpractice, you can hire a birth injury lawyer to help you pursue a claim against the hospital. Your lawyer can:

• Explain the relevant birth injury laws
• Help you file your initial claim and additional paperwork
• Collect and analyze evidence in support of your claim
• Determine who was liable for the injuries
• Protect you and your baby’s rights and interests throughout the legal process
• Negotiate with insurance companies
• Litigate your case in court, including a jury trial

Working with a birth injury attorney allows you to focus on providing care for your newborn while your lawyer takes care of all the details of your case, keeping you apprised of how it is progressing at every step.

FAQs

What Qualifies as a Birth Injury?

Harm that qualifies as a birth injury includes any physical damage a baby sustains before, during, or shortly after the delivery process. Common birth injuries include soft tissue and head swelling, nerve damage, fractured clavicles, and oxygen deprivation. Not all birth injuries are considered medical malpractice, but you should consult a New York birth injury attorney if you believe your baby was harmed as a result of a doctor’s negligence.

What Is the Average Settlement for a Birth Injury?

There is no such thing as an average settlement for a birth injury. Every birth injury case is different. The amount of compensation you receive will vary depending on factors such as the extent of your baby’s injuries and whether the doctor is found to be 100% at-fault for causing them. Your lawyer’s experience level at negotiating with insurance companies can also impact how much money you receive.

What Is the Hardest Birth Injury to Prove?

Some of the hardest birth injuries to prove involve long-term neurological damage. Examples include hypoxic-ischemic encephalopathy or cerebral palsy. The reason these cases are difficult to prove is that it’s hard to establish causation, linking a specific medical error to the injury, rather than natural causes or genetic factors. Your attorney can hire an expert witness to help you prove your baby’s injuries.

Are Birth Injuries Always Caused by Medical Malpractice?

Birth injuries are not always caused by medical malpractice. The physical stress of labor, the baby’s size or position, and underlying maternal health factors can all play a role, as well. In complex birth injury cases, there may be a combination of physical negligence and underlying problems that contribute to the injuries. A New York birth injury attorney can help you determine fault in these cases.

GET HELP FROM AN EXPERIENCED NEW YORK BIRTH INJURY LAWYER AT The Law Office of Brett J. Nomberg, PLLC.

Strict time limitations exist to commence a claim for medical malpractice.  In New York State, the time to commence a medical malpractice action may depend upon who is injured, who the potential defendant is, as well as the enactment of new laws and judicial decisions interpreting the law. Computing the time limitations is not a simple matter and a person should promptly consult an experienced medical malpractice attorney in New York once he or she suspects wrongdoing.

You can trust the team here at the Law Office of Brett J. Nomberg, PLLC, to assist with your birth injury case. We have been practicing personal injury law for years, and in that time, we’ve handled countless birth injuries. When you work with us, you’ll get personalized legal services and robust representation in court. Contact our office to schedule an initial consultation today.

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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

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