New York Birth Injury Lawyer

Call (410) 220-6581 for Compassionate & Capable Legal Counsel

At the Law Firm of Michael H. Bereston, Inc., we have a reputation for providing skilled and compassionate legal counsel to parents whose children have suffered preventable birth injuries. Our firm is committed to making a difference in the lives of our clients and their children, and we have the experience and resources to handle even the most complex birth injury cases.

Did your child suffer a birth injury? Contact us onlineor call (410) 220-6581today to request an initial consultation with our New York birth injury attorney.

Why Choose the Law Firm of Michael H. Bereston, Inc.?

• Over 35 years of experience handling complex medical malpractice cases
• Millions of dollars recovered for our clients
• Contingency fees – no recovery, no fee
• Spanish-speaking services available

Types of Birth Injury Cases We Handle

Birth injuries can occur for a wide variety of reasons, from natural complications to preventable mistakes made by doctors and other medical professionals. When a birth injury is caused or contributed to by the negligence of a healthcare professional, the injured child and their family have the right to seek compensation for their losses. Our New York birth injury lawyer can help you understand your rights and options and work to hold the negligent party accountable.

We handle all types of birth injury cases, including those involving:

• Brachial plexus injuries: These injuries are caused by damage to the brachial plexus, a network of nerves that runs from the neck and upper spine to the arms and hands. Brachial plexus injuries can result in partial or total paralysis of the affected arm and hand.
• Cerebral palsy: Cerebral palsy is a neurological disorder that affects a person’s ability to move and maintain balance and posture. It is caused by damage to the brain, which can occur before, during, or shortly after birth. Cerebral palsy is often the result of oxygen deprivation, infection, or trauma.
• Erbs palsy: Also known as brachial plexus palsy, Erb’s palsy is a type of brachial plexus injury that occurs when the network of nerves is damaged during birth. Erb’s palsy can cause weakness, loss of motion, and a lack of feeling in the affected arm and hand. In some cases, Erb’s palsy is caused by a healthcare professional pulling too hard on the baby’s shoulders during delivery.
• Facial paralysis: Facial paralysis is a birth injury that is often caused by pressure on the baby’s face during a head-first delivery. In some cases, facial paralysis is temporary and will resolve on its own. In other cases, it can be a sign of nerve damage and may require medical intervention.
• Fetal distress: Fetal distress occurs when the baby’s oxygen supply is compromised during labor and delivery. When a healthcare professional fails to recognize the signs of fetal distress or fails to take appropriate action, the baby can suffer serious harm, including brain damage and organ failure.
• Forceps injuries: Forceps are a type of medical instrument that is used to aid in the delivery of a baby. When used improperly, forceps can cause a wide range of birth injuries, including skull fractures, brain damage, and facial paralysis.
• Head trauma: Head trauma during birth can be caused by a variety of factors, including the baby’s head being too large to fit through the birth canal and the improper use of forceps or vacuum extractors. Head trauma can cause brain damage, skull fractures, and other serious injuries.
• Hypoxic-ischemic encephalopathy (HIE): HIE is a type of brain damage that is caused by a lack of oxygen flow to the brain. It is most common in premature and low-birth-weight babies. HIE can cause a wide range of complications, including developmental delays, intellectual disabilities, and cerebral palsy.
• Shoulder dystocia: Shoulder dystocia is a birth injury that occurs when the baby’s shoulders become stuck in the mother’s pelvis during delivery. This condition can cause a wide range of complications for both the baby and the mother, including shoulder and arm injuries, brachial plexus injuries, and uterine rupture.

Our firm has the resources to handle complex birth injury cases involving a wide range of injuries and conditions. We can work with you to determine the cause of your child’s injuries and who is responsible for their suffering. Our NY birth injury attorney can help you fight for the full, fair recovery you are owed in New York.

How Long Do I Have to File a Birth Injury Lawsuit in NY?

Birth injury lawsuits are a type of medical malpractice claim. In New York, the statute of limitations for medical malpractice claims is generally five years from the date the injury was discovered or three years from the date the injury should have been discovered, whichever is sooner. However, there are a number of exceptions to this rule.

Birth injury lawsuits involving children are subject to the following statute of limitations:

• Age of majority: If the injured child is under the age of 11, the statute of limitations does not begin to run until the child turns 11 years old.
• Age of majority rule does not apply: In New York, the age of majority rule does not apply to birth injury claims that involve allegations of fraud, misrepresentation, or the intentional concealment of an injury.

If you believe that your child has suffered a birth injury due to medical malpractice, it is important to speak to an attorney as soon as possible. The sooner you take action, the better your chances of recovering the compensation you are owed. Our firm can help you understand your rights and options and work to hold the responsible party accountable for their actions.

How Can a New York Birth Injury Attorney Help?

Birth injury cases can be highly complex and often require a great deal of time, effort, and resources to resolve. At the Law Firm of Michael H. Bereston, Inc., we have the experience and resources to handle even the most complex birth injury cases in various states. We know how to investigate these types of cases, and we can work with you to gather the evidence needed to support your claim.

Our firm can help you by:

• Reviewing your child’s medical records: Medical records can provide a wealth of information about your child’s birth and the care they received. We can carefully review your child’s medical records to look for signs of negligence, such as a failure to monitor the baby’s oxygen levels or a failure to respond to signs of fetal distress.
• Working with medical experts: In order to prove that a healthcare professional was negligent, you must show that they failed to provide the accepted standard of care. This generally requires testimony from one or more medical experts who can explain what the standard of care was and how it was breached. Our firm can work with medical experts to build a strong case on your behalf.
• Calculating your damages: Birth injury cases can involve a wide range of damages, from medical expenses and lost wages to pain and suffering and loss of earning capacity. Our firm can work with you to determine the full extent of your losses and help you seek the fair recovery you are owed.
• Negotiating with the insurance company: In many cases, birth injury claims are resolved through settlement. Our firm has extensive experience negotiating with insurance companies and can help you seek a fair settlement that covers all of your current and future needs.
• Taking your case to trial: Our NY birth injury attorney is a seasoned litigator and is not afraid to take your case to trial, if necessary. We can present your case to a judge and jury and fight for the full, fair recovery you are owed.

Schedule a Consultation Today

At the Law Firm of Michael H. Bereston, Inc., we are committed to helping parents whose children have suffered birth injuries due to the negligence of healthcare professionals. If your child was injured during birth, we can help you understand your rights and options and work to hold the responsible party accountable for their actions. Our NY birth injury lawyer can guide you through the legal process and provide the compassionate legal counsel you deserve in NY.

Call our firm at (410) 220-6581or contact us onlineto schedule an initial consultation with our New York birth injury attorney.

*In jurisdictions outside Maryland and Washington DC, Mr. Bereston, pursuant to Court approval, will prosecute the case.