Advocating for Victims of Birth Trauma
Attorneys for Birth Injuries in the New York Metro Area
2019 Medical Malpractice Attorney of the year
Sometimes evidence of malpractice is difficult to obtain. This has not stopped us.
Childbirth should be one of the happiest and most memorable moments in our lives. Unfortunately, in some cases, because of medical negligence, childbirth can be a disaster and a nightmare, that leaves a lifetime of pain and expenses. The process of birth must be carefully managed by the attending medical professionals. Careful monitoring of the baby and the mother should allow for fast action to be taken should the baby be in distress.
When there is a failure to act quickly, or when the management is done in a negligent way, the baby can suffer permanent and sometimes catastrophic damage. If your baby was injured during the birth process resulting in severe injury, mental retardation or a brachial plexus injury, you have legal rights and may be entitled to compensation. Our firm, led by one of the most trusted birth injury attorneys in New York, has enormous experience in handling these difficult birth injury cases.
Two of the most common yet serious birth injuries that may result from medical malpractice are Cerebral palsy and Erb’s palsy.
However, other serious problems can also occur during birth, which can also result in brain damage from other causes. For instance, a baby may be born prematurely where it could have been avoided. The mother may suffer from preeclampsia, of hypertension/high blood pressure, and if this is not attended to properly both the mother and the baby can be severely injured, or even sometimes die. A baby may suffer an avoidable infection, sometimes caused by allowing her pregnancy to progress too long after the membranes are ruptured, or sometimes caused by the failure to treat Strep B. This can result in terrible consequences, including brain damage.
Brachial plexus injury often occurs when the baby is too big for safe delivery and this is not recognized, or when the shoulder becomes lodged at the maternal pelvic outlet, and the doctor, or other health care provider (sometimes a midwife) uses excessive and/or improper traction, or force, in pulling on the baby's head and neck. This can cause paralysis to the baby's arm for life.
The Law Offices of Joseph M. Lichtenstein PC has been seeking and obtaining justice for the victims of this type of malpractice for decades.
your child deserves the best quality care and treatment
Injured During Delivery
Another well-known cause of complications and injury during delivery is gestational diabetes – when the mother becomes diabetic during the pregnancy. This can cause the baby to become too big (particularly in the shoulder area) causing the baby to become unable to safely pass through the birth canal naturally. Occasionally doctors fail to foresee this problem and attempt to deliver the baby vaginally. This can result in a traumatic delivery, fetal distress, cerebral palsy and Erb’s palsy.
ongoing medical care and treatment
Some birth injuries become apparent after birth, such as in cases of elevated bilirubin, kernicterus or microcephaly. Others are caused by the mother’s illness during pregnancy, such as in gestational diabetes. If your baby has suffered a serious injury or condition due to medical errors, it is important that legal action is initiated as soon as possible.
The Law Offices of Joseph Lichtenstein - which are the best birth injury lawyers in New York City - can assist, and has a substantially proven track record of recovering high value verdicts and settlements in these tragic birth injury situations. Your child will need ongoing medical care and treatment, and we believe that your child deserves the best quality care and treatment, as well as the ability to have the highest quality of life possible.
Not all birth related injuries occur to the babies
Injuries to Mothers
Sometimes mothers are the ones who suffer injuries or physical damage. Although advances in modern medical technology make it rare for women to die during childbirth, it is still a traumatic event for both the mother and child. Teenagers and middle-aged moms are particularly susceptible to pregnancy complications.
Talk to a dependable new york city birth injury lawyer
A condition called preeclampsia or eclampsia (pregnancy-induced hypertension) can lead to serious complications for both the mother and child. If left untreated, it can be fatal or cause severe injuries, including a brain hemorrhage in the mother.
This type of injury maybe the result of medical malpractice, and may have been avoidable through proper medical care. If anyone in your family suffers any of those birth injuries resulting in serious disability or death, you should contact our firm and talk to a dependable New York City birth injury lawyer at once.
Law Offices Of Joseph Lichtenstein - Overturning “Maternal Forces of Labor”
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) 392-3104 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.