At Fellows Hymowitz Rice, we understand the devastating impact birth-related brain damage can have on your child and your entire family. Our exceptional team of birth brain damage attorneys serves families throughout Rockland County and the NYC metro area, fighting to secure the maximum compensation for medical errors that have forever changed your child's life.
Led by Robert L. Fellows, President of the Rockland County Bar Association (2022-2024), our firm has over 100 years of combined experience representing families whose children have suffered preventable brain injuries during pregnancy, labor, and delivery. We're committed to providing compassionate and aggressive legal representation to help you assert your rights and pursue the compensation your child deserves for their lifelong care needs.
Birth brain damage, medically known as hypoxic-ischemic encephalopathy (HIE) or birth asphyxia, occurs when an infant's brain doesn't receive adequate oxygen during pregnancy, labor, or delivery. While some brain injuries are unavoidable, many result from preventable medical errors by healthcare providers who fail to recognize warning signs or respond appropriately to complications.
The most common cause of birth brain damage is oxygen deprivation to the infant's brain. This can occur when:
Medical providers must monitor fetal heart rates continuously and respond immediately when patterns indicate oxygen deprivation. Failure to recognize these signs can result in permanent brain damage.
When fetal distress occurs during labor, medical providers often have a limited window (sometimes called the "30-minute rule") to perform an emergency cesarean section. Delays in making this critical decision can lead to:
Healthcare providers who fail to recognize the need for immediate surgical intervention may be liable for medical malpractice.
The umbilical cord is your baby's lifeline during pregnancy and delivery. When complications arise, medical staff must act quickly:
Electronic fetal monitoring should detect these complications, allowing medical providers to intervene before brain damage occurs.
Electronic fetal monitoring (EFM) is the standard of care for detecting fetal distress during labor. Medical providers who fail to properly interpret fetal heart rate patterns may miss critical warning signs:
When medical staff misinterpret or ignore concerning fetal heart rate patterns, preventable brain injuries can occur.
Birth brain damage encompasses several specific medical conditions, each with distinct causes and long-term consequences. Our Rockland County birth injury attorneys have extensive experience handling all types of birth-related brain injuries.
HIE is the medical term for brain damage caused by oxygen deprivation during birth. This condition occurs when blood flow to the baby's brain is reduced or interrupted, causing brain cells to die. HIE is classified into three grades:
Cooling therapy (therapeutic hypothermia) must be initiated within 6 hours of birth for babies with HIE. Hospitals that fail to provide this standard treatment may be liable for medical malpractice.
Cerebral palsy is a group of disorders affecting movement and posture, often caused by brain damage during birth. While not all cerebral palsy cases result from medical negligence, birth-related causes include:
Children with cerebral palsy may require lifelong medical care, physical therapy, and specialized equipment, making proper legal representation essential for securing adequate compensation.
PVL is a type of brain injury affecting the white matter around the brain's ventricles. This condition is more common in premature babies and can result from:
PVL often leads to cerebral palsy, intellectual disabilities, and vision problems, requiring comprehensive lifelong care.
Brain bleeding during birth can occur when delivery trauma damages blood vessels in the baby's brain. Risk factors include:
Different types of brain hemorrhages carry varying prognoses, but all require immediate medical attention and may result in permanent disabilities.
A birth injury changes your family’s life forever. You need more than just an attorney; you need a team of supporters who understand the long-term costs of care. Fellows Hymowitz Rice will aggressively fight the hospitals and insurance companies to secure your child’s financial future while you focus on their well-being.
Healthcare providers are trained to identify and respond to warning signs that indicate a risk of brain injury. When medical staff fail to recognize or appropriately respond to these red flags, preventable brain damage can occur.
Electronic fetal monitoring provides objective evidence of fetal well-being during labor. Concerning patterns that require immediate intervention include:
Medical providers who fail to recognize and respond to these patterns may be liable for resulting brain injuries.
When babies pass meconium (their first bowel movement) in the womb, it can indicate fetal distress and create additional risks:
Healthcare providers must be prepared to manage meconium-stained deliveries to prevent brain injury from respiratory compromise.
Labor that doesn't progress normally can indicate complications requiring intervention:
When labor complications arise, medical providers must make timely decisions to prevent oxygen deprivation and brain injury.
APGAR scores evaluate newborn health immediately after birth, measuring:
APGAR scores below 7 indicate potential problems requiring immediate intervention. Scores below 4 suggest severe compromise that may indicate brain injury. Healthcare providers must be prepared to provide immediate resuscitation and consider cooling therapy for babies with concerning APGAR scores.
Birth brain damage cases require proving that healthcare providers failed to meet the standard of care, directly causing your child's injuries. Our experienced Rockland County birth injury attorneys work with medical experts to establish the key elements of medical malpractice.
Medical providers must follow established standards of care during pregnancy, labor, and delivery. Common standard of care violations in birth brain damage cases include:
Birth injury cases require testimony from qualified medical experts who can explain complex medical issues to judges and juries. Our attorneys work with:
These experts review medical records, identify departures from standards of care, and explain how medical errors cause preventable brain injuries.
Fetal monitoring strips provide objective evidence of what occurred during labor. These records can prove:
Our attorneys work with experts who specialize in fetal monitoring interpretation to build compelling evidence of medical negligence.
In obstetrics, the "30-minute rule" refers to the standard that emergency cesarean sections should be performed within 30 minutes of the decision to operate. However, in cases of severe fetal distress, this timeframe may be too long:
When medical providers fail to act with appropriate urgency, the resulting brain damage may have been preventable with faster intervention.
Birth injury cases require a deep understanding of complex medical records and standard-of-care protocols. Our attorneys have the resources to hire top medical experts and the aggressive litigation skills needed to hold hospitals and obstetricians accountable for preventable errors. We understand the lifetime of care your child may need and fight to secure every penny of it.
As a firm established in Rockland County since 1981, we view our clients as neighbors, not just case numbers. We possess intimate knowledge of the local court system and judges, and we have a reputation for successfully trying high-stakes injury cases right here at home.
We handle birth brain damage cases on a strict contingency fee basis. Your family pays absolutely nothing upfront for our investigation or litigation. We only receive a fee if we win the compensation necessary for your child’s lifetime care.
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.
We serve clients across New York, from the bustling streets of New York City to the peaceful communities of Rockland County and beyond. We're here to help you wherever you are.
Birth brain damage cases are complex, involving intricate medical and legal issues. These frequently asked questions address common concerns parents have when considering legal action for their child's birth injury.
HIE is the medical term for brain damage caused by lack of oxygen (hypoxia) and reduced blood flow (ischemia) during birth. This condition occurs when complications during pregnancy, labor, or delivery interrupt the baby's oxygen supply. HIE is classified into three grades based on severity:
Cooling therapy (therapeutic hypothermia) must begin within 6 hours of birth for babies with HIE. This treatment can reduce the extent of brain damage, making timely diagnosis and treatment critical.
Not all birth brain damage results from medical malpractice, but certain factors suggest preventable medical errors:
Our attorneys work with medical experts to review your child's medical records and determine whether standard care was provided throughout pregnancy, labor, and delivery.
Cooling therapy (therapeutic hypothermia) is the standard treatment for babies born with HIE. This treatment involves:
Hospitals that fail to recognize HIE or delay cooling therapy may be liable for medical malpractice. This treatment can significantly reduce the extent of brain damage, making early recognition and treatment critical.
New York's statute of limitations for birth injury cases is complex:
However, there are important exceptions and complications that make early consultation essential. Waiting too long can result in loss of evidence and witnesses, making your case more difficult to prove, even if you're within the statute of limitations.
Compensation in birth brain damage cases addresses both economic and non-economic damages.
Economic damages include:
Non-economic damages include:
In severe cases, total compensation often reaches multiple millions of dollars to ensure children receive proper care throughout their lives.
Multiple parties may be liable in birth brain damage cases:
Our attorneys thoroughly investigate each case to identify all potentially responsible parties and maximize the compensation available to your family.
Strong birth injury cases rely on multiple types of evidence:
Electronic fetal monitoring provides particularly compelling evidence because it creates an objective record of fetal well-being and medical staff responses throughout labor.
Birth injuries and birth defects are fundamentally different.
Birth injuries:
Birth defects:
However, the distinction can be complex. Some conditions, like cerebral pals,y can result from either birth defects or birth injuries, requiring careful medical investigation to determine the cause.
Medical records contain crucial evidence, but interpreting them requires medical expertise:
However, medical records don't always tell the complete story. Healthcare providers may:
Our attorneys work with medical experts who specialize in reviewing obstetric records to identify evidence of substandard care that may not be obvious to non-medical personnel.
Our birth injury attorneys work exclusively on a contingency fee basis, meaning:
We also advance all case expenses, including:
This fee structure ensures that every family has access to experienced legal representation regardless of their financial situation. You'll never receive a bill from our firm unless we successfully recover compensation for your child's injuries.
If your child suffered brain damage during birth, time is critical for both medical treatment and legal action. Contact Fellows Hymowitz Rice today for a free, confidential consultation with our experienced Rockland County birth brain damage attorneys.
