The team of medical experts involved in the birth of a child carries the critical responsibility of ensuring suitable health and safety of the mother and child. Many birth injury cases is traced back to negligence by the medical team during or just before delivery.

The consequences of a birth injury can be devastating for the baby and the parents. Failure to perform the delivery successfully as a result of wrongdoing is a serious medical malpractice, as it may harm the life of the baby or mother. Upon the occurrence of such an event, the healthcare provider must be held liable to make up for the error and damage caused.

A mistake during labor or delivery can occur in any form, and at any level. Doctors and assisting nurses must take all the necessary measures of precaution to ensure that there is no cause of harm in the birth process. Failure to take responsibility for providing these basic measures may lead to preventable harm.

Types of Labor and Delivery Negligence

There may be various situations or reasons due to which a medical expert may become negligent. The obstetrician may fail to use the infant heart rate monitor correctly, or record its readings accurately. Medical technology may get misused by inexperienced medical staff. The mother's fetal distress may go unrecognized, and the need to perform an emergency c-section may be ignored.

Other labor-related medical devices may not be used correctly, leading to birth injuries or even death. C-sections performed incorrectly can also cause fatal injuries. Trivial errors such as misreading test results or failing to position the mother properly during labor can all have severe impacts on the health/life of the mother and child.

Other common scenarios of labor negligence include:

· Using excessive force while bringing the child out can cause physical deformities

· Failure to administer transmission-prevention measures in case of HIV-positive mothers

· Failure to perform a c-section on time

· Misusing vacuum extraction method

· Failure to prevent, diagnose or treat an umbilical cord strangulation on time

· Failure to prioritize and promptly perform high-risk pregnancies

Consequences of Labor and Delivery Negligence

The impact of an act of negligence during labor and delivery can be disastrous. Any mistake by the medical team involved can have consequences as serious as any of the following:

· Impacts on the baby

  • Physical deformities and disabilities
  • Bone fractures or head injuries
  • Brain injury due to lack of oxygen
  • Mental disorders such as cerebral palsy, Erb's palsy, and others
  • Fatality

· Impacts on the mother

  • Uterine rupture
  • Pelvic injury
  • Vaginal lesions and injuries
  • Emotional distress and fatigue
  • Fatality

Seek Legal Assistance Now

If you or your new-born child has suffered due to medical negligence during labor or delivery, contact the finest New York City medical malpractice attorneys for the best legal support for your case. The best law firm in the city is Rosenberg, Minc, Falkoff, & Wolff (RMFW). They can be reached right here: 212-344-1000.


122 East 42nd Street Suite 3800
New York, NY 10168

Tel: 212-LAWYERS

Tel: 212-697-9280



8900 Sutphin Blvd Suite 501
Queens, NY 11435

Tel: (718) 399-3100

*By Appointment Only



220-226 E 161st Street
The Bronx, NY 10451

Tel: (212) 344-1000

*By Appointment Only



1002 Dean St
Brooklyn, NY 11238

Tel: (516) 410-4445

*By Appointment Only