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(212) 697-9280



Free Consultations

(212) 697-9280

Free Consultations

(212) 697-9280



Over $1 Billion Recovered For Families


Trusted Birth Injury Attorneys

Types of Birth Injuries

Every parent has hopes and dreams for their children. These dreams start even before a child is born. When these hopes and dreams are shattered due to medical malpractice, the heartbreak, sadness and grief can threaten to consume you. One way to get justice and a measure of control over your life is to bring a lawsuit against those responsible for your child’s condition.

When malpractice or medical negligence occur during labor, all it takes is a split second for an injury to occur. A birth injury that came about due to malpractice or medical negligence can lead to a child who is impaired, suffering from one of many different types of conditions.

Our dedicated New York birth injury attorneys can take action in the full range of birth claims, including:

  • Cerebral palsy: If your child has cerebral palsy because of medical malpractice in labor or delivery, we can help.
  • Erb’s palsy: Erb’s palsy damages the nerves in the shoulder and the muscles in the elbow.
  • Brain injuries from birth. When a baby does not have sufficient oxygen in labor and delivery, he or she can suffer severe brain injury.
  • Excessive newborn jaundice: When a child has excessive levels of bilirubin at birth, it can lead to severe brain damage, known as kernicterus.
  • Obstetric negligence: When obstetricians make mistakes in the labor and delivery process, the result can be life-changing injuries or death to the child and/or the mother.
  • Cesarean section injuries: A cesarean section is a major surgery. When doctors fail to handle complications arising from the surgery, mothers can be injured or even killed.
  • Improper use of forceps: Doctors must exercise great care when using a forceps to deliver a child. The inappropriate use of this device can lead to lifelong injuries.
  • Traumatic vacuum extraction: Often a vacuum extraction, when performed improperly or at an inappropriate stage of labor, can cause severe damage and trauma.
  • Failure to recognize fetal distress: Fetal monitoring strips provide extensive information about your child’s progress in labor. When medical professionals fail to act on signs of distress, your child may be severely injured or die as a result.
  • Failure to recognize pregnancy-induced hypertension: High blood pressure, or hypertension, caused by pregnancy can injure both the child and the mother.
  • Uterine rupture: When doctors and others in the delivery room fail to recognize the signs of uterine rupture, the mother and child can die.
  • Failure to recognize and treat infant seizures: Infant seizures are often the sign of birth injuries that have been caused by medical negligence in labor or delivery.
  • Prolonged rupture of membranes
  • Neonatal sepsis
  • Failure to resuscitate

One of the most dangerous situations during childbirth is when the baby does not receive enough oxygen during labor, or “hypoxia.” In some birth injury cases, if the correct procedures were followed, the injuries to your child could have been avoided. When an obstetrician or other medical professional attending the birth fails to take the correct actions in this critical situation resulting in brain damage, it opens the door to the possibility of filing a lawsuit to seek to recover financial compensation.

We work tirelessly to help set our families up for a lifetime of caring for a child who has been injured:

  • Lifetime Medical Coverage
  • Lifetime In-Home Care
  • Financial Support and Funding For Parents

Childbirth poses risks to both mother and child. The medical team attending the birth has specific safety protocols to follow when something goes wrong. If a doctor does not act quickly enough or fails to take the action that is medically necessary, misreads the data provided by medical equipment, critical injuries can occur that can lead to significant problems for your child.

At Rosenberg, Minc, Falkoff & Wolff, LLP, our team of experienced birth injury lawyers can help you initiate a legal action to pursue justice for birth-related injuries.  If you or your baby were injured during or before labor or delivery, we urge you to contact us immediately.


Do I Have A Case?

If you believe that your doctor made a medical error or did not provide  “the accepted standard of care,” you may have a case and the ability to file a successful birth injury lawsuit. If your baby is facing the challenges of a birth injury such as cerebral palsy or brain damage, it is imperative that you get legal help without delay.

If your doctor failed to take appropriate action when problems occurred during childbirth, at Rosenberg, Minc, Falkoff & Wolff, LLP, our attorneys can review the facts in your case and advise you how to move forward with a birth injury lawsuit. Medical professionals must be held accountable for their actions, especially if a medical error, negligence, or poor judgment has led to a condition that will affect your child for life. When one of these errors will affect the future quality of life for your baby, legal action should be undertaken.

Most birth injuries, but not all, are preventable under the care of a knowledgeable and competent medical professional. Sadly, when a baby suffers trauma during birth, the consequences often last for a lifetime.


When a doctor or other medical professional attending birth, such as an anesthesiologist or nurse, misreads or misuses equipment, this can lead to errors, and a failure to act in a manner that protects the baby from harm. Misreading equipment or administering incorrect levels of medication or administering medication at the incorrect time can lead to a serious birth injury, leading to a range of impairments, including:

  • Paralysis
  • Developmental delays
  • Long-term disabilities
  • Physical impairments
  • Underdeveloped limbs
  • Death


Birth injuries commonly occur when a doctor is negligent or fails to act at a critical moment. If your baby lacks oxygen during the birth process, he or she may suffer permanent brain damage with a lifetime of consequences. Injuries can occur in just seconds. An OB/GYN, nurse, or other medical professional is trained in the correct protocols for all problems that can arise during childbirth. A failure to act, as another similarly trained doctor would in such a circumstance, may potentially be considered cause for medical negligence.

Contact Rosenberg, Minc, Falkoff & Wolff, LLP Today

Rosenberg, Minc, Falkoff & Wolff Team Shot

If your baby was injured during childbirth, contact the law offices of Rosenberg, Minc, Falkoff & Wolff, LLP and seek the help that you need. Medical malpractice cases need to be filed within the strict statute of limitations in New York – you have two years and six months in which to file.

Schedule a consultation today – the initial meeting is free and you don’t pay any fees until we win your case. Our New York City injury lawyers offer compassionate representation during these difficult times. Call us at (212) 697-9280 or contact us online us to schedule your free, confidential consultation.


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$15 Million – Medical Malpractice Victim
$7.75 Million – Brain Injury Victim
$4.5 Million – Childbirth Injury Victim
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