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At Fellows Hymowitz Rice, we understand all too well what birth injuries can do to families. Our compassionate birth injury attorneys have a proven track record of securing substantial compensation for families affected by medical negligence during childbirth.
We make it our mission to fight for the rights of injured children and their loved ones, ensuring that they receive the care and resources they need for a brighter future.
Schedule a free consultation today to discuss the details of your case. We’ll listen to your story and provide honest and personalized legal advice.
Birth injuries in New York often result from preventable medical errors, including:
Healthcare professionals who are negligent in their duties or fail to adhere to the standard of care are vulnerable to legal action in the form of birth injury lawsuits.
Common birth injuries can occur due to a number of medical errors or negligence during labor and delivery. Some common birth injuries include:
Cerebral palsy is a condition that affects muscle movement and coordination, often leading to difficulties with walking, talking, and fine motor skills. It can be caused by oxygen deprivation or brain damage during birth, which can occur due to complications like premature birth, infections, or prolonged labor.
The impact of cerebral palsy can range from mild to severe, with more serious cases often requiring lifelong support and therapy.
A brachial plexus injury occurs when the nerves in the shoulder and arm are damaged during delivery, often due to excessive pulling or pressure on the baby's neck or shoulder.
This condition can lead to weakness, paralysis, or loss of sensation in the affected arm, ranging from mild to severe. In some cases, the injury may resolve on its own, while many children require surgery or physical therapy.
Erb's Palsy is a specific type of brachial plexus injury that affects the nerves in the shoulder and upper arm. It can cause weakness or paralysis in the arm and hand, making it difficult to grasp objects, lift the arm, or perform everyday tasks. The severity of Erb's palsy can vary, and treatment often involves physical therapy and surgery to repair the damaged nerves.
Brain damage can result from oxygen deprivation (hypoxia or asphyxia), physical trauma during delivery, or complications such as umbilical cord prolapse. These injuries can cause:
Brain damage can affect a child's cognitive abilities, physical development, and overall well-being, making ongoing care and support vital.
Spinal cord injuries can occur during birth due to excessive pulling or pressure on the baby's spine, which typically happens during a difficult delivery or when forceps or vacuum extraction are employed. These injuries can lead to paralysis or loss of sensation in the body, depending on the location and severity of the injury.
Spinal cord injuries can have a profound impact on a child's life, necessitating lifelong care and support.
During difficult deliveries, babies can suffer broken bones, particularly:
These injuries may heal relatively quickly, but can indicate more serious underlying trauma or negligent use of delivery instruments.
In the most tragic cases, birth injuries can result in infant death. When medical negligence causes or contributes to the death of a newborn, families may pursue wrongful death claims to seek justice and compensation for their devastating loss.
Birth injuries don't just affect the newborn child. The mother can also be injured during childbirth, often as a result of medical negligence. Examples of maternal injuries include:
Excessive bleeding after childbirth can stem from any number of factors, including uterine atony (weakness of the uterus), lacerations, or retained placenta. All of these conditions can lead to blood loss, anemia, and, in severe cases, the need for blood transfusions or even hysterectomy.
Uterine rupture is a serious condition that can occur during labor or delivery where the uterus tears, usually due to a previous C-section or other complications. A rupture can cause significant bleeding, shock, and even death. Immediate surgical intervention is required to repair the tear and control the bleeding.
Emergency Cesarean sections are sometimes necessary to save the life of the mother or baby. Still, they can also increase the risk of complications, such as infection, bleeding, or injury to the bladder or bowel. While they're often successful, it's crucial that they be performed only when medically necessary and with appropriate care and expertise.
In the most heartbreaking cases, medical negligence during childbirth can result in maternal death. Our attorneys pursue wrongful death claims on behalf of surviving family members when preventable medical errors cause the death of mothers during or after delivery.
Don't wait to get the legal help your family needs following a devastating birth injury. Contact Fellows Hymowitz Rice today to schedule a free consultation.
Understanding your legal rights under New York law is crucial for birth injury cases:
For medical malpractice cases in New York, you generally have two and a half years to file a formal lawsuit seeking damages. This is known as the statute of limitations. However, there are certain exceptions to this rule when dealing with a person under the age of 18:
Extended time for minors: In New York, infants who suffer birth injuries have up to 10 years from the date of the injury to file a formal claim, giving families more time to understand the full extent of their child's condition.
It's crucial to consult an experienced birth injury attorney as soon as possible to understand the specific deadline for filing a claim in your case.
To succeed in a New York birth injury lawsuit, our attorneys must prove:
The signs of a birth injury can be subtle or obvious and may not appear immediately after birth. Here are some potential indicators:
If you notice any of these issues in your child shortly after birth, contact your doctor right away, followed by a qualified birth injury attorney.
A birth injury attorney from Fellows Hymowitz Rice can be a valuable ally when you're attempting to navigate the legal system and ensure that you and your family receive the compensation and support you deserve. Here's how we can help:
Our experienced team of exceptional lawyers provides comprehensive case evaluations at no cost to your family. We review medical records, consult with medical authorities, and determine whether negligence played a role in your child's injury.
Our veteran team will meticulously gather medical records, interview medical professionals, and consult expert witnesses to determine the cause of your child's injury and establish the elements of negligence.
We maintain relationships with leading medical authorities, including neonatologists, obstetricians, neurologists, and other medical professionals who can provide critical testimony about the standard of care and how it was breached.
We'll aggressively negotiate with the insurance companies on your behalf to secure a fair and just settlement that covers your child's medical expenses, lost wages, pain and suffering, and future care needs.
If we can't reach an equitable settlement, we're prepared to file a lawsuit and aggressively pursue your case in court to hold the responsible parties accountable.
We'll provide clear, actionable legal advice throughout the process, ensuring that you understand your rights and options at each critical juncture.
We understand the emotional toll a birth injury can take on a family. We promise to provide compassionate support and guidance to help you through this difficult time.
The damages you can recover in a birth injury case depend on the severity of the injury and the long-term impact on your child's life. Here are some of the types of damages that are frequently awarded in these cases:
In the tragic event of a death due to a birth injury, you may be able to file a wrongful death claim to recover damages for the loss of your child's life.
Rob Fellows is more than just a lawyer; he's a seasoned advocate and a respected leader in the legal community. With over 40 years of experience, he's earned a reputation for meticulous preparation, unwavering advocacy, and a genuine commitment to his clients.
Steve Hymowitz is a champion for the underdog, specializing in medical malpractice and construction accident cases. He’s known for his warmth and unwavering dedication, relentlessly pursuing justice for those who feel powerless against insurance companies.
Matthew brings an unparalleled level of energy and drive to every case, earning a reputation for achieving exceptional results. He goes beyond financial wins, building deep connections with clients and becoming a trusted advisor during their most difficult times.
Joanne Horowitz is a skilled legal strategist and a strong advocate for those facing injuries due to negligence, construction accidents, and medical malpractice.
Margaret is a seasoned negotiator, expert in civil dispute resolution, with extensive experience handling homicide cases.
Jake is a dedicated, hardworking, and compassionate attorney with a unique perspective shaped by his experience representing both plaintiffs and defendants.
Our New City office is conveniently located to serve families throughout the Hudson Valley region, and we regularly handle cases in New York City and surrounding counties.
Don't wait to get the legal help your family needs following a devastating birth injury. Contact Fellows Hymowitz Rice today to schedule a free consultation.
