NYC Birth Injury Lawyer


Pregnant woman holding her stomach while sitting in her doctor’s office awaiting results about a possible birth injury

While having a child should be a joyful experience, and most newborns are delivered in good health, problems during pregnancy or delivery may result in birth injuries. When such injuries are due to the negligence of an obstetrician, a hospital, or another healthcare provider, it may be possible to obtain compensation through a medical malpractice lawsuit. Since birth injury claims involve several medical disciplines and can be complex, having proper legal representation from experienced birth injury lawyers is crucial. Contacting a medical malpractice or birth injury attorney is paramount.

The birth injury lawyers at Scaffidi & Associates in Manhattan provide caring, efficient legal services to families whose children have sustained birth injuries. Whether the malpractice happened in the Bronx, Brooklyn, Queens, Manhattan, Long Island, or Staten Island, or in Westchester, Rockland, or Orange Counties, our firm is here to help. If an obstetrician in The Bronx failed to diagnose or respond to problems during childbirth, or your newborn was harmed because of the improper use of medical devices or poor prenatal care in Brooklyn, we can help you obtain meaningful compensation to benefit your child and to provide them with long-term financial security so they can obtain the services and treatments they will need for the rest of their life.


Birth injuries are frequently caused by complications during labor or delivery that result in physical harm. The improper use of medical techniques or devices, such as forceps or a vacuum pump, or other delivery room errors, can lead to various types of physical trauma, including:

  • Erb’s Palsy (Brachial plexus injuries) — Damage to the nerves connecting a newborn’s spinal cord to the arms and hands can occur if excessive traction is applied to a baby’s head or neck during childbirth. Erb’s palsy may result in paralysis of the child’s shoulder, arms, or neck, as well as a loss of muscle control or sensation in the arms or hands. Although minor nerve damage may heal in time, more substantial damage will not.
  • Cervical dystonia (spasmodic torticollis) — This involves injuries to the newborn’s head, neck, or shoulder as a result of medical mistakes that cause the neck muscles to contract, resulting in a child’s head tilting forward or backward or twisting to the side.
  • Shoulder dystocia — This occurs when a baby’s head and shoulders get trapped behind the mother’s pelvic bone during delivery. Although this injury is rare, shoulder dystocia can result in complications that may severely harm both the mother and child and can even lead to death.
  • C-Section Injuries — Medical errors and negligence during C-sections can cause facial lacerations, fractures, cervical cord injuries, or nerve damage. Infants can also suffer from respiratory distress that leads to long-term neurological and health problems.
  • Hypoxic Encephalopathy — Babies can suffer oxygen deprivation in utero during any phase of labor. It is incumbent upon the medical professionals following you during labor to identify babies at risk and to quickly deliver the child to avoid anoxic or hypoxic brain damage. Ultimately, oxygen deprivation may lead to cerebral palsy (CP) or other neurological issues. Children afflicted with CP typically experience difficulties with muscle control and motor skills and also suffer muscle spasms and speech impediments. More severe cases often result in paralysis, intellectual deficiencies, epilepsy, and other impairments that require lifelong care.

Finally, newborns may sustain birth injuries from infections, such as group B strep or meningitis, passed from the mother to the child in the birth canal, as well as injuries due to folic acid deficiencies, anemia, or spina bifida. Such injuries are preventable, if the doctor makes a correct and timely diagnosis.


If birth injuries are caused by the negligence of a doctor, nurse, hospital, or another healthcare provider, it may be possible to file a medical malpractice lawsuit. All medical professionals in New York City and throughout New York State have a duty to provide the appropriate standard of care during pregnancy and delivery. This requires being diligent at all times during the pregnancy, recognizing potential risks to the mother and child, and providing necessary and proper medical care.

Doctors must continuously monitor the mother’s health and be alert for any pregnancy and childbirth injuries. Today, it is possible for doctors to minimize the risk of a difficult delivery and birth trauma by relying on ultrasound images to determine the position of a fetus before labor. Ultimately, having a valid birth injury claim requires showing that a medical professional failed to provide the mother and/or child with good and accepted medical care and that this failure caused injury to the child.


Birth injuries like cerebral palsy can result from a variety of negligent actions by medical professionals in and around Manhattan and the surrounding counties. 

As part of a renowned birth injury law firm, the birth injury lawyers at Scaffidi & Associates handle significant cases in this area of law for victims of birth injuries and their families in The Bronx, Brooklyn, Queens, Manhattan, and Staten Island, as well as Nassau, Suffolk, Rockland, Orange, and Westchester Counties.


At Scaffidi & Associates, we are aware that no amount of money will reverse the physical and emotional harm of a birth injury sustained by a child. We believe that negligent parties must be held accountable and that compensation is essential for the child’s future security and medical and financial needs. Often, childbirth injuries can result in permanent damage that requires lifelong care. Not only are injured newborns subjected to unnecessary pain and suffering, but the emotional and financial burden for the parents can also be overwhelming.

The skilled team of attorneys at our birth injury law firm in Manhattan is here to help lift those burdens by helping you obtain meaningful compensation for medical expenses (including enrollment in the Medical Indemnity Fund), loss of enjoyment of life, pain and suffering, loss of future earning capacity, and other losses. If your newborn sustained a birth injury, you may be frightened and angry, and not know where to turn. Our birth injury lawyers will offer you knowledge, compassion, and the highest level of personal service. Call us today or complete the contact form on our website to set up a consultation.


  • What Can I Recover in a Birth Injury Claim?

If your child suffers from a birth injury, it is possible to make a claim and receive compensation for various damages, including compensatory and non-economic damages. The severity of the injury and the physical, mental, emotional, and financial damages, such as neurological disorders, pain and suffering, impairment, and medical expenses, make every birth injury claim unique. Therefore, plaintiffs recover differing compensation depending on the individual conditions of the child, and the basis for their claim. 

The birth injury attorneys at Scaffidi & Associates have recovered hundreds of millions of dollars for their clients, including a $45,000,000-verdict in Queens for a newborn who suffered from neurological injuries resulting from hospital negligence. 

  • How Long Do You Have to Sue for a Birth Injury?

In the state of New York, the statute of limitations for a birth injury claim, and the parents’ claim for loss of services, can vary based upon where the birth occurred, with there being shorter time limitations and additional filing requirements for births that occur at city or municipal facilities.  For these reasons, it is important to contact the skilled and experienced attorneys at Scaffidi & Associates as soon as you suspect that your child may have suffered a birth injury. 


We encourage you to take the time to explore this website as the information provided here will answer many of your questions. We believe that an educated client is our best client. We are also readily available to discuss your case in confidence, whether it’s a matter involving personal injury, medical malpractice, real estate, or other legal challenges. Regardless of the issue you are facing, we are uniquely qualified to provide you with exceptional legal representation and personal service. Call our office or complete the contact form on our website to set up a consultation.