FAQs about Birth Injury Claims in New York

According to statistics, 1 in 9,714 births in the United States include a birth injury. About 28,000 birth injuries are reported each year across the country. It is estimated by the National Healthcare Quality Report that out of 1,000 birth injuries, 5.08 occurred in female infants while 6.68 occur in male infants.

It is also found that a birth injury is 33 times more likely to occur in rural births than urban ones. The most common forms of birth injuries include Erb's Palsy (brachial plexus injuries), hematoma, fractures, spinal cord injuries, intracranial and subdural hemorrhage, oxygen deprivation, and paralysis.

Common Questions about Birth Injuries and Malpractice Claims

Birth defects are a major problem that affects hundreds of lives every day in New York, as well as other places across the nation. Here is a look at some of the common questions asked about birth injuries and medical malpractice claims:

Q1: What is the difference between birth injuries and birth defects?

A: Generally, a birth injury is caused by poor techniques or issues during delivery in the hospital, while birth defects occur as a result of conditions before or during the pregnancy that have an adverse effect on the infant.

Q2: How are my legal options affected by this difference?

A: In most birth injury cases, you can file a medical malpractice lawsuit against a doctor or hospital. However, if your child was born with birth defects, you may be eligible to file a lawsuit against the manufacturer of a medication. The majority of these defective drug lawsuits are class-action suits, which means that you will need to find the attorney representing hundreds, maybe even thousands, of people adversely affected by the drug like you.

Q3: How do I know if my child's birth injury was caused by medical malpractice?

A: You should keep in mind that not all injuries that are caused to newborns or their mothers are due to medical malpractice. But if you have evidence or proof that your child's injury resulted from a preventable medical error, you can file a lawsuit to recover monetary damages to help you for your child with a disability, an injury or special needs.

Preventable medical errors are not always obvious and sadly, no doctor or hospital will admit that they made a mistake, causing a birth injury. This is why you need a skilled and experienced attorney to help you with your case.

Get Legal Expertise in New York for Birth Injury Lawsuits

If you or a loved one has a child with birth injuries caused by a New York doctor or hospital's negligence, you should immediately seek the help of the reliable and experienced medical malpractice attorneys at Rosenberg, Minc, Falkoff, & Wolff Law Firm or RMFW Law at 212-344-1000. You can get your medical records assessed and find out if you have a viable case against the doctor or hospital.

What is your side of the story? RMFW Law knows a viable case if you have one. These cases are difficult to win but if your claim is valid we will find that medical expert that supports your claim which should put us over the top. Call RMFW Law! We know how to attack these types of cases. Our track record verifies that.