When Does a Birth Injury Lead to a Lawsuit?


Neonatal_acne_on_the_forehead_of_an_infant,_2009-10-18There are thousands of babies born across the country every day. In most cases, babies are born healthy and without incident. In some unfortunate cases, babies are born with birth injuries that can have lifelong consequences for the child and their families. Not all of these injuries result in lawsuits. Here’s how to know when a birth injury leads to legal action.

Standard of Care

Not all birth injuries are related to negligence on the part of medical professionals. To prove medical malpractice, it is necessary to establish a medical standard of care. In other words, the parents would have to show that a similarly-skilled medical provider would have performed the same under similar circumstances. To even file a lawsuit, that standard of care must have been breached.

Failure to Act

In many cases, birth injury is a necessary risk. This is especially true if the birth calls for extreme measures. In cases where a dangerous situation presents itself, a doctor has a duty to act. If the doctor fails to act, that failure could be considered medical negligence. The medical professional who failed to act would be forced to answer for the injuries sustained by the newborn.


It may seem like common sense, but to prove a personal injury case, or a medical malpractice case, an injury must have occurred. Your attorney will use medical records to show that the child was injured, how that injury was sustained or could have been sustained, and the consequences of that injury on your child now and in the future.

Not all birth injuries warrant a lawsuit, but many do. If your child was injured at birth and your family is dealing with the consequences of that injury, please reach out to our team of experienced attorneys. We will review the details of your case and advise you of your options under New York law. We are here for you and want to help you as you begin to move forward with your lives. Call us today for assistance.

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