Manhattan Birth Injury Lawyer | 2025 Expert Help

Manhattan Birth Injury Lawyer: When Medical Negligence Turns Joy Into Tragedy

A Manhattan birth injury lawyer helps families seek justice when medical negligence causes harm to a mother or child. We investigate the cause of your child’s injury, gather evidence, determine liability, and pursue the maximum compensation for medical bills, future care, and suffering. We handle all negotiations and work on a contingency basis, meaning you pay no fees unless we win your case.

Birth injuries affect approximately 27 out of every 1,000 births in the U.S. While some complications are unavoidable, many are caused by preventable medical errors. These injuries can lead to lifelong conditions like cerebral palsy or brain damage, creating immense emotional and financial burdens for families. New York law allows you to hold negligent healthcare providers accountable through a medical malpractice claim.

It’s important to distinguish a birth injury from a birth defect. Birth defects typically form early in pregnancy, while birth injuries occur during or near the time of birth, often due to medical mistakes like failing to monitor fetal distress or misusing delivery instruments.

I’m Mark Segal, a Manhattan birth injury lawyer with decades of experience. I’ve dedicated my career to representing New York families devastated by birth injuries, fighting to secure the compensation they need for lifelong care.

Understanding Birth Injuries and Their Causes in Manhattan

The birth of a child should be a joyous time, but for some families in Manhattan, it becomes a nightmare when medical negligence causes a birth injury. A birth injury is any harm to a baby during pregnancy, labor, or delivery. Unlike birth defects, these injuries often happen during the birthing process itself, and many are preventable.

When medical professionals fail to meet the accepted standards of care, their negligence can lead to medical malpractice. These errors—from delaying a C-section to misusing delivery tools—can have devastating, lifelong consequences. The impact is a Catastrophic Injury that brings overwhelming financial strain and emotional distress.

Common Types of Birth Injuries

As a Manhattan birth injury lawyer, I have seen the profound impact these injuries have on Manhattan families. Common types include:

• Cerebral Palsy: A motor disability caused by damage to a developing brain, often from oxygen deprivation during labor. It has no cure, and many cases are preventable with proper medical intervention. We have helped many families with More on Cerebral Palsy cases.
• Brachial Plexus Injuries: Damage to the nerves connecting the baby’s arm to the spinal cord, often from excessive pulling during a difficult delivery. Erb’s Palsy affects the upper arm nerves, causing weakness or paralysis, while Klumpke’s Palsy affects the lower arm and hand.
• Brain Damage: Can result from oxygen deprivation (Hypoxic Ischemic Encephalopathy or HIE), infections, or physical trauma during birth, leading to cognitive impairments and developmental delays.
• Other Injuries: These include Spinal Cord Injuries from excessive force, Fractures (most commonly the clavicle), and Intracerebral Hemorrhage (bleeding in the brain) from excessive pressure during delivery.

Primary Causes of Negligent Birth Injuries

Many of these injuries are preventable and stem from clear patterns of medical negligence.

• Failure to monitor fetal distress: Medical staff must watch the baby’s heart rate for signs of distress. Failing to recognize or act on warning signs can lead to brain damage from lack of oxygen.
• Delayed C-section: When labor is not progressing or the baby is in distress, an emergency C-section may be necessary. Unreasonable delays can cause permanent harm. This can sometimes overlap with Surgical Error Lawyer cases.
• Improper use of forceps or vacuum extractors: These tools require great care. When used with too much force or at the wrong angle, they can cause skull fractures, brain damage, and nerve injuries.
• Oxygen deprivation: This can be caused by umbilical cord complications or placenta issues. A failure to respond quickly can lead to permanent disabilities like cerebral palsy.
• Medication errors: Incorrect dosages of drugs like Pitocin can cause overly strong contractions, depriving the baby of oxygen.
• Failure to diagnose maternal conditions: Missing conditions like preeclampsia or gestational diabetes puts both mother and baby at risk.
• Improper handling of the baby: Pulling or twisting too forcefully during delivery can cause fractures and nerve damage.

If your child suffered a birth injury in Manhattan, understanding what happened is the first step toward getting the justice your family deserves.

How a Manhattan Birth Injury Lawyer Can Help Your Family

When your child suffers a birth injury, the world is turned upside down. You’re facing medical appointments and emotional turmoil while trying to steer complex legal and medical systems. As Manhattan birth injury lawyers, we step in to be your advocates, handling the legal fight so you can focus on your family.

Our process begins with a thorough investigation. We gather all medical records—prenatal notes, fetal monitoring strips, delivery room reports—and consult with medical professionals to understand exactly what went wrong. These insights are crucial for determining who is responsible, whether it’s the obstetrician, nurses, the anesthesiologist, or the hospital itself.

Proving medical negligence means showing that the healthcare provider failed to meet the accepted standard of care and that this failure directly caused your child’s injury. With our 75 years of combined experience, we know how to build a strong argument and steer the complexities of New York’s legal system.

We take over all communications with hospitals and their insurance companies. Their legal teams will try to minimize what they pay; our job is to protect your rights and prevent you from being pressured into an unfair settlement.

Our ultimate goal is to secure maximum compensation for your child’s future. This includes not just current medical bills, but the lifelong costs of therapy, special education, home modifications, and personal care. We also fight for compensation for your child’s pain and suffering. You can see how we’ve helped other families on our View our results page.

We handle all cases on a contingency fee basis. You pay nothing upfront, and we only collect a fee if we win your case. Your family shouldn’t have to worry about legal fees while already facing so much.

Your Legal Rights and Steps to Take After a Birth Injury in Manhattan

If you suspect your child suffered a birth injury due to medical negligence in Manhattan, understanding your legal rights is essential. The actions you take now can significantly impact your ability to secure the compensation your family needs.

First, prioritize your child’s medical care and follow all treatment recommendations. At the same time, document everything. Keep detailed notes of conversations with doctors, save all medical bills and receipts, and request copies of all medical records, including fetal monitoring strips and delivery notes. These documents are the foundation of a birth injury claim.

Most importantly, contact a birth injury lawyer as soon as possible. Early legal guidance allows us to preserve evidence and ensure you don’t miss New York’s strict deadlines. At Segal & Lax, we offer free consultations and work on a contingency basis, so there is no financial risk to you. The legal process involves an investigation, filing a formal complaint, and typically negotiating a settlement. If a fair settlement isn’t possible, we are always prepared to take your case to trial.

Navigating New York’s Statute of Limitations

The statute of limitations is a strict deadline for filing a lawsuit. For most medical malpractice cases in New York, the deadline is two and a half years from the date of the malpractice. However, birth injury claims involving children have special rules.

• Tolling for Minors: Under New York’s statute of limitations for minors, the deadline is often extended, generally allowing a claim to be filed up until the child’s 10th birthday. This recognizes that some injuries, like cognitive impairments, may not be apparent for years.
• Wrongful Death: If a birth injury tragically results in a child’s death, a wrongful death claims must be filed within two years of the date of death.

Even with these extensions, it is crucial to act quickly. Evidence can be lost and memories can fade, so contacting a Manhattan birth injury lawyer promptly is vital.

Compensation You Can Seek in a Birth Injury Lawsuit

A successful lawsuit can provide the financial resources needed for your child’s lifetime care. New York law allows you to seek compensation for:

• Economic Damages: These are quantifiable financial losses, including all past and future medical bills, costs for therapy and rehabilitation, special education, assistive devices, home modifications, and your child’s lost earning capacity.
• Non-Economic Damages: These address intangible losses, such as your child’s pain and suffering and loss of enjoyment of life.

New York’s Medical Indemnity Fund may also be available to cover future healthcare costs for infants with specific neurological injuries. Importantly, New York does not place a cap on damages in medical malpractice cases. This allows us to fight for every dollar your family needs.

At Segal & Lax, we work on a contingency fee basis, so you never pay us unless we win. Contact us to discuss your medical malpractice case and schedule your free consultation.

Frequently Asked Questions about Manhattan Birth Injury Claims

When you’re dealing with a birth injury, you have countless questions. As Manhattan birth injury lawyers, we want to provide the straight answers you deserve.

How much does it cost to hire a Manhattan birth injury lawyer?

Nothing upfront. We work on a contingency fee basis, which is our “no win, no fee” promise. We cover all costs of investigating and pursuing your case. You only pay us a fee if we successfully recover compensation for your family. If we don’t win, you owe us nothing. This allows you to seek justice without any financial risk.

Will my birth injury case go to trial?

The vast majority of birth injury cases settle out of court. We are skilled negotiators who work to secure a fair settlement that covers your child’s lifelong needs. However, we prepare every case as if it will go to trial. This readiness shows insurance companies we are serious and often results in a better settlement offer. If they refuse to be fair, we are fully prepared to fight for you before a judge and jury.

Who can be held responsible for a birth injury in Manhattan?

Often, multiple parties share responsibility. Liable parties can include:

• Doctors (OB-GYNs) for mistakes like delaying a C-section or misusing delivery instruments.
• Nurses for failing to monitor the mother and baby or not reporting signs of distress.
• Anesthesiologists for medication errors during labor and delivery.
• Hospitals and medical facilities for inadequate staffing, poor training, or negligent policies.

We conduct a thorough investigation to identify every party whose negligence contributed to your child’s injury and hold them all accountable.

Choosing the Right Manhattan Birth Injury Lawyer for Your Case

When your child has suffered a birth injury, the lawyer you choose is critical to your family’s future. You need a legal team that understands the medical complexities of these cases and what your family is going through. Birth injury claims require deep knowledge of both medicine and law, which is why finding an attorney with the right experience is so important.

We offer a free consultation so you can share your story and understand your legal options without any financial obligation. We want you to have the information you need to make the best decision for your child.

What to Look for in a Manhattan Birth Injury Lawyer

When evaluating attorneys, look for a firm with a focus on birth injury cases. Key factors include:

• Experience in Birth Injury Cases: A firm that regularly handles these specific claims will understand the standards of care and recognize where medical errors occurred. Our firm has over 75 years of combined experience helping families like yours.
• A Track Record of Success: Look for a history of securing significant verdicts and settlements. This shows the firm can deliver results against powerful hospitals and insurance companies. See our commitment on our Why Hire Us page.
• Resources to Build a Strong Case: These cases require significant financial resources to hire medical reviewers and life-care planners. Ensure the firm can fully invest in your case.
• Positive Client Testimonials: Past clients’ experiences can tell you a lot about a firm’s communication and client care.

Questions to Ask During Your Initial Consultation

Come to your consultation prepared. Ask the Manhattan birth injury lawyer about their experience with injuries similar to your child’s. Inquire about the contingency fee structure and communication policy—how often will you receive updates? An experienced attorney should also be able to outline a preliminary case strategy, showing they are already thinking critically about how to best help your family.

Contact Our Manhattan Birth Injury Lawyers for a Free Consultation

When a preventable birth injury changes your family’s life, you have the right to seek justice. At Segal & Lax, we have spent over 75 years combined standing with families in Manhattan. We understand the anger, sadness, and financial pressure you are facing, and we are here to help.

Our commitment is to provide serious, personalized representation. Your child’s story matters to us, and we will fight tirelessly to secure the compensation needed for a lifetime of care. We work on a “no win, no fee” contingency basis, so you pay nothing unless we win your case. There is no financial risk to you.

If you believe medical negligence caused your child’s birth injury, contact us for a free, no-obligation case review. We will listen to your story, answer your questions, and explain your legal options.

Contact us to discuss your medical malpractice case today. Let us handle the legal fight while you focus on what matters most—your child.