Common Types of Birth Injuries Resulting from Medical Malpractice
Childbirth should be a joyous and memorable occasion for every family. Unfortunately, in some cases, due to medical negligence, childbirth becomes a traumatic experience that leads to lifelong physical and emotional suffering. In Mineola, NY, the Law Offices of Joseph Lichtenstein are dedicated to helping families affected by birth injuries, ensuring that victims of medical malpractice receive the compensation and justice they deserve.
Evidence of malpractice in birth injury cases can often be difficult to obtain, but that does not stop us from fighting for the rights of our clients. Our team of experienced birth injury attorneys understands the complexities of these cases and is committed to providing comprehensive legal representation. We are here to guide you through the legal process and hold negligent medical professionals accountable for their actions.
When medical professionals fail to properly manage the birth process or respond promptly to signs of distress in the mother or baby, serious birth injuries can occur. These injuries can result in permanent physical and cognitive impairments, leaving families facing significant financial and emotional burdens.
Two of the most common birth injuries caused by medical malpractice are Cerebral Palsy and Erb’s Palsy. However, other serious conditions, such as brain damage, can also arise from birth injuries. Premature delivery, untreated preeclampsia, or infections like Group B Strep are all risk factors that medical professionals must monitor carefully. Failure to address these conditions can lead to devastating consequences for both the child and the mother.
One of the most concerning birth injuries is Brachial Plexus Injury, which often occurs when the baby is too large for a safe delivery, and the medical team fails to recognize this. When a baby’s shoulder becomes stuck in the birth canal, and excessive force is used to pull the baby out, it can result in permanent paralysis of the baby’s arm. This injury is often preventable with proper care and attention during the delivery process.
At The Law Offices of Joseph Lichtenstein, we are passionate advocates for families who have been affected by birth injuries. For decades, our firm has been successfully obtaining justice and compensation for victims of medical malpractice in Mineola, NY. If your baby has suffered a birth injury due to negligence, contact our office today for a free consultation to discuss your legal rights and options.
You deserve justice, and we are here to help you get it.
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Many Birth Injuries Are Entirely Preventable
Birth injuries don't always happen because of rare or unforeseeable complications. Many of them are entirely preventable. The attending medical team — whether that's an OB-GYN, a nurse, or a midwife — is responsible for monitoring both mother and baby throughout labor and delivery. When they miss the warning signs, or fail to act on them quickly enough, the results can be devastating.
How Gestational Diabetes Can Lead to a Dangerous Delivery
One situation that we see far too often involves gestational diabetes — a condition where a mother develops diabetes during pregnancy. When properly managed and monitored, gestational diabetes doesn't have to cause complications. But when a doctor fails to track the baby's growth or recognize that the baby has become too large to safely deliver vaginally, the consequences can include fetal distress, traumatic delivery, and permanent injury to the child.
If your doctor attempted a vaginal birth despite signs that a C-section may have been safer, and your baby was injured as a result, that decision deserves serious scrutiny. Doctors are trained to recognize these warning signs — missing them is not acceptable.
Preeclampsia, Premature Delivery and Group B Strep Can All Cause Lasting Harm
Beyond the issues above, there are several other conditions that medical teams are obligated to monitor and address during pregnancy and delivery. Preeclampsia — a dangerous form of high blood pressure that develops during pregnancy — can escalate rapidly if left untreated. Premature delivery, when not properly managed, carries its own set of serious risks. Infections like Group B Strep, if missed during prenatal screening or left untreated, can cause significant harm to a newborn.
Why Families in Mineola Trust Joseph M. Lichtenstein
Joseph M. Lichtenstein is widely recognized as one of New York's most trusted and experienced birth injury attorneys. His firm has a long track record of recovering meaningful compensation for families across Long Island and New York City who were let down by the medical system at the most critical moment of their lives.
This isn't general personal injury work — birth injury litigation requires deep medical knowledge, expert witnesses, and a willingness to go up against major hospital systems and insurance companies. That's exactly what our firm does, and has done for decades. When you work with us, you are getting a team that understands every medical and legal detail of your case.
Muhammad v. Fitzpatrick
In 2012, our birth injury lawyers made history in litigation history in a brachial plexus injury / erg's palsy case. In Muhammad v. Fitzpatrick Mr. Lichtenstein precluded the “maternal forces of labor” defense – a defense which had stood for 20 years, and been used to deprive many injured children around the United States of compensation to which they should have been entitled and which they deserved.
the only birth injury attorney in the entire United States to achieve this remarkable success
This defense claims that brachial plexus or Erb’s palsy injuries are caused by the forces of labor and maternal pushing, and not by medical professionals. Mr. Lichtenstein succeeded where others around the Country had failed – he proved this defense was unreliable “junk science” – and the Appellate Court agreed to throw it out.
Even after that, other firms tried to achieve the same result and failed. As a seasoned Erb’s and cerebral palsy attorney, Mr. Lichtenstein then went back to work, and successfully precluded the defense on 2 other cases.
The Law Offices of Joseph Lichtenstein caters to various communities in search of the most qualified birth injury attorneys available in New York, including the surrounding areas of the Bronx, Queens, Manhattan, Brooklyn and Long Island, as well as Nassau County, Suffolk County, and Westchester. Call us at 888-529-0120 or visit our Contact Us page, today to schedule a free consultation.
As a New York birth injury lawyer, Mr. Lichtenstein remains the only birth injury attorney in the entire United States to achieve this remarkable success, and he has done it multiple times. Click here to learn more about what the preclusion of the maternal forces of labor means for you.
