New York Laws Surrounding Birth Injuries

By seriousl September 23, 2024

Welcoming a new life into the world is a profound moment that sometimes, unfortunately, becomes marred by medical complications, such as birth injuries. Birth injuries can result from a variety of causes during labor and delivery, often leading to significant medical and legal repercussions.

In New York, laws surrounding birth injuries are designed to protect the smallest and most vulnerable victims, providing a means for families to seek justice and compensation. If your child has suffered a birth injury in New York, you may have legal options to recover compensation for medical expenses, future care needs, and other damages.

Understanding Birth Injuries

Birth injuries are any physical or neurological impairments a baby sustains before, during, or shortly after birth. These injuries can range from mild to severe and can have lifelong consequences. Some common types of birth injuries include:

• Erb’s palsy: Damage to nerves in the shoulder and arm, causing weakness, paralysis, or loss of sensation.
• Brachial plexus injuries: Similar to Erb’s palsy, but affecting a wider range of nerves in the shoulder, arm, and hand.
• Cerebral palsy: A group of movement disorders caused by damage to the developing brain.
• Hypoxic-ischemic encephalopathy (HIE): Oxygen deprivation to the brain, which can lead to brain damage, learning disabilities, and seizures.

Legal Framework for Birth Injury Claims in New York

Medical malpractice occurs when a healthcare provider, such as a doctor, nurse, or other medical personnel, deviates from the generally accepted standards of medical care, and this deviation causes harm to a patient. In the context of childbirth, this can manifest in various ways, such as:

• Failure to Monitor Fetal Distress: Medical personnel are required to monitor the fetus’s heartbeat and other vital signs during labor to detect any signs of distress. Inadequate monitoring can miss critical distress signals, leading to delayed or inappropriate responses.
• Improper Use of Birthing Tools: Tools such as forceps or vacuum extractors must be used with extreme care. Improper use can lead to physical injuries to the baby, such as skull fractures or nerve damage.
• Delay in Performing Cesarean Sections: Delaying a necessary cesarean section (C-section) can pose severe risks to both the mother and the baby, including oxygen deprivation to the baby, which can lead to brain damage or other serious health issues.

To establish a birth injury claim in New York, the plaintiff must demonstrate several elements:

1. Duty of Care: Establish that the healthcare provider owed a duty of care to the mother and the baby.
2. Breach of Duty: Show that the healthcare provider breached this duty by deviating from the standard of care.
3. Causation: Prove that the breach of duty directly caused the injury to the newborn.
4. Damages: Quantify the damages that resulted from the injury.

Evidence typically required in birth injury cases includes medical records, expert testimony from medical professionals who can attest to the standard of care and how it was breached, and documentation of damages.

Key Statutes and Time Limits