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Filing a Medical Malpractice Claim for Birth-Related Injury in New York

Filing a medical malpractice claim for birth injury | medical malpractice | Gash & Associates, P.C.

Expectant parents trust that medical practitioners, including doctors, midwives, and nurses, will take the necessary steps to protect the health of both mother and child. While the majority of births proceed relatively smoothly, there are times when medical professionals make mistakes or otherwise fail to uphold their duty to protect the safety of those in their care. If your baby was harmed or suffered an injury during the birth process due to the negligent actions of a medical worker, you may be able to pursue a medical malpractice claim to hold the careless party legally and financially responsible for their actions. Here is some basic information about common birth-related injuries and how to initiate a medical malpractice claim in New York state.

What the Statistics Say

Although birth injuries are not very common—it’s estimated that approximately 6 to 8 of every 1,000 infants born in the United States experience a birth injury—they can be significant and carry lasting consequences for children and parents. What’s more, nearly 50 percent of all birth injuries could have been prevented if the proper risk assessments had been identified and performed. 

Common Types of Birth Injuries

Birth can be a complicated process, and there are times when medical practitioners may make errors or neglect to sufficiently protect the safety of you or your child. If the baby is improperly rotated, stretched, or pulled during birth, damage to the cranial nerve or spinal cord can occur, resulting in facial paralysis or injuries to the spinal cord. In some cases, a medical worker uses an instrument, such as forceps or a vacuum, that ends up injuring the baby. After delivery, a healthcare professional may fail to measure oxygen levels or vital signs correctly, which could result in serious complications. 

Taking Legal Action

The first step in determining whether to proceed with a medical malpractice lawsuit is to discuss your circumstances with an experienced attorney. A key component of a successful malpractice claim is providing evidence that links the negligence or improper actions of the medical worker to the birth injury, which can be difficult to do. Your attorney will assess the details of your situation and develop an effective legal strategy for helping you obtain the compensation and peace of mind you deserve.


The dedicated legal team at Gash & Associates, P.C. is committed to helping clients throughout Westchester County pursue successful medical malpractice claims. Call (914) 328-8800 today to schedule a free consultation.