Birth is often a joyful time for families despite how difficult it is on the mother and their child. Mothers and their partners rightly expect physicians and other medical professionals at the birth to display the highest degree of professionalism and avoid mistakes that might have lifelong ramifications for the mother and newborn. When healthcare providers display negligent conduct instead, you as the parent or injured individual may wish to consult with a Newburgh labor and delivery malpractice lawyer.

A seasoned birth injury attorney could help you understand your legal options and determine how the behavior of your medical professionals fell short of accepted professional standards.

Frequent Causes of Labor and Delivery Injuries

When a plaintiff files a birth injury lawsuit, they have the burden of proof lies to establish that the actions of the physician, nurse, anesthesiologist, or other healthcare provider were negligent and failed to meet the standards of prudent professional care. The following are among the most common reasons that a child could suffer injury during labor and delivery:

  • Improper use of forceps
  • Insufficient oxygen during the birth process to the child’s brain (hypoxia)
  • Unnecessary delay in performing a Cesarean section
  • Improper use of vacuum tools
  • Failure to notice a change in the condition of the baby
  • Using Pitocin (a drug that induces labor) incorrectly
  • Failure to treat or diagnose a trapped umbilical cord, uterine rupture, placental previa, placental abruption, or infections of the mother or baby

New York Consolidated Laws, Civil Practice Law and Rules, §214-A establishes a statutory deadline of 30 months from the date of the suspected labor and delivery malpractice to work with a Newburgh attorney and file a lawsuit. Infant wrongful death lawsuits must be filed with the courts within two years of the date of the child’s death.

Common Types of Labor and Delivery Injuries

Any kind of preventable birth injury bears the potential for grave consequences, but those impacting the muscles or brain are especially devastating, as these injuries have the most significant potential to affect the child’s growth and development.

If the infant’s brain has an electrical response to oxygen deprivation, this may lead to seizures or cerebral palsy. Failure to detect, monitor, and treat infections in the mother, delay in performing a Cesarean section, failure to detect and treat umbilical cord prolapse, and failure to monitor signs of fetal distress are among the most common reasons for labor and delivery malpractice leading to cerebral palsy.

Another common brain-related labor and delivery injury could occur when the infant has jaundice, a common ailment causing the skin to yellow, and medical personnel fail to treat it promptly. Failure to treat jaundice swiftly can cause kernicterus (a condition that causes a liver pigment known as bilirubin to travel to the brain) and meningitis. Some of the most common muscular disorders stemming from birth injuries include the following:

  • Erb’s Palsy
  • Brachial Plexus
  • Shoulder Dystocia
  • Klumpke’s Palsy

Recovering Compensation

A Newburgh lawyer investigating labor and delivery malpractice would consider the input of experts in the medical field when determining if the plaintiff has a legitimate case of medical malpractice. If the plaintiff pursues a case and wins, they could receive payment for a range of damages. These could include the child’s current and future medical costs, wages forfeited by the parent to care for their child, emotional distress, and other damages and losses.

The Deadline to File Labor and Delivery Malpractice Lawsuit

The time limit that applies to every medical malpractice lawsuit, including labor and delivery malpractice cases, is known as the statute of limitations. This statute applies to labor and delivery malpractice cases as well.

In Newburgh, this deadline is two years and six months following the act of malpractice. When a plaintiff files their lawsuit after this 30-month period expires, the court is likely to dismiss the case with prejudice. A dismissal with prejudice means that there is no opportunity to file the case again. This is true even if the underlying claim is strong.

How an Attorney Could Help

Working with an attorney could be one of the best ways to secure financial compensation following a labor or delivery error. An attorney could assist in a variety of ways during every step of the process.


Investigating the nature of a labor or delivery incident is vital to any malpractice case. Initially, it might be unclear if mistakes were made. An attorney could review a patient’s medical records and speak with experts to determine if there were errors made during the course of their care.


Few mothers are interested in dealing with attorneys, hospitals, or insurance companies after a traumatic birth experience. An attorney could serve as their advocate and take the stress of dealing with their legal claim off of their shoulders. This could allow a mother to focus on her physical health instead of worrying about a lawsuit.


It is not uncommon for a Newburgh labor complications lawyer to resolve malpractice cases through mutual settlements. Settlement offers might be common but they are not created equally. Many insurance companies will go out of their way to resolve a case with a lowball offer. An attorney could negotiate with the insurance company to ensure a fair offer is made.


When settlement is not an option, litigation could be the only way forward for a labor and delivery malpractice lawsuit. Filing a lawsuit and taking a case to trial could result in fair compensation but this option could be overwhelming for many people. The right attorney could simplify the litigation process and ensure that the patient understands what to expect.

Speak with an Experienced Newburgh Labor and Delivery Malpractice Attorney

If your family is facing the impact of a severe birth injury or medical issue affecting your baby, a Newburgh labor and delivery malpractice lawyer could answer your questions and walk alongside you through each phase of the legal process. Schedule your consultation to discuss your concerns by contacting the office today.