What to Know about Medical Malpractice and Birth Injuries

Birth injuries may be caused by a doctor’s negligence. Any type of negligence that has caused birth injuries are classified as medical malpractice and may cause a family to seek legal action against the doctor who performed negligently. Opening a medical malpractice claim holds the doctor accountable for their actions and helps the victim to receive compensation for their injuries, emotional distress, and accompanying medical bills. Continue reading to understand your options, examples of birth injuries, and important information to understand when taking legal action.

Do I need an attorney after sustaining birth injuries?

Hiring an attorney is a smart first step to take after sustaining birth injuries. An experienced medical malpractice attorney will offer the knowledge and skills necessary for a successful claim. This is important when dealing with delicate details and scenarios such as this. Your attorney will also be able to gather evidence of negligence that is otherwise hard to obtain. This evidence will prove that you or your child was harmed by a direct result of medical negligence. A medical malpractice attorney will fight for the financial compensation you deserve. In order to stop this cycle of negligence, the attorney will also fight to have the medical professional’s license removed.

Examples of Birth Injuries due to Negligence

A doctor’s lack of action or negligence may contribute to a birth injury. To prove that negligence has occurred, the doctor’s lack of action must be clear. This is why an investigation into the doctor’s behavior is a crucial step in creating a case. Some examples of birth injuries due to negligence include the following:

  • Cerebral palsy
  • Facial paralysis
  • Spinal cord injuries
  • Erb’s palsy
  • Brain damage caused by vacuum extractor misuse
  • Brachial plexus injuries caused by excessive force when handling a shoulder dystocia

In any medical circumstance, doctors should have the knowledge to take action and to be attentive throughout the entire process. In any circumstance, especially one that may result in an injury, if a doctor does not do anything to help their patient, this is a clear case of negligence.

What is the statute of limitations for medical malpractice in New York?

The statute of limitations for medical malpractice in New York is mainly 2.5 years. This means that you must take legal action against your doctor with a medical malpractice claim within 2.5 years from the incident. This is important to note because after 2.5 years from the date of the accident you may be permanently barred from suing. It is best to act on this case as soon as possible to fight for the compensation you deserve. Reach out to a New York medical malpractice lawyer today to start this process.


At Mark L. Bodner, P.C., we are committed to guiding clients through each step of the medical malpractice and personal injury claims process. Our firm understands how traumatic it can be when you become a victim of negligence. We are prepared to fight on your behalf to help you recover a maximum compensation award. Contact our firm today.