.webp)
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 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.
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.
Brain damage can be brought about by oxygen deprivation, trauma, or other complications during birth. It presents a range of possible disabilities, including cerebral palsy, developmental delays, and learning disabilities.
Brain damage can affect a child's cognitive abilities, physical development, and overall well-being, making ongoing care and support vital.
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, but they can also increase the risk of complications like 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.
As alluded to, birth injuries can arise from a variety of factors, including the following:
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.
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.
In New York, you generally have two and a half years from the date of the birth injury to file a claim. This is known as the statute of limitations. However, there are certain exceptions to this rule:
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.
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.
If you have any concerns about your child's health or development, seek medical attention immediately. Discuss your concerns with your physician and request a thorough evaluation. Request copies of all medical records related to your child's birth and any subsequent medical care.
Once you’ve talked to your doctor, share your concerns with an attorney to understand your legal options. They can help you navigate the medical system and protect your rights.
Medical negligence is a broad term that encompasses any type of mistake or error of judgment a medical professional makes. By contrast, medical malpractice is a specific type of medical negligence that occurs when a healthcare professional fails to meet the accepted standard of care. Essentially, medical malpractice is a subset of medical negligence.
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.
The attorneys at Fellows Hymowitz Rice work on a contingency fee basis. That means we only get paid if we successfully obtain a settlement or verdict in your case. We’ll claim a percentage of your total recovery, so you don't have to worry about paying hourly fees or upfront costs.
Even if you don't have health insurance, you may still be able to recover compensation for your child's medical expenses. Our firm will work with you to explore all available options, including negotiating with hospitals and medical providers and looking into government assistance programs.
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 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’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.
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.
Don't let an injury define your future. Get the justice and compensation you deserve. Contact us today for a free consultation!
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.
Don't wait. Get the legal advice you need. Call or contact us online today for a free consultation.
