Birth Injury & Infant Brain Damage Attorney NYC

Legal Help for Infants Suffering Brain Damage at Birth

When a child suffers brain damage during pregnancy, labor, or delivery, it may be the result of medical negligence. Under New York law, families can pursue compensation through a medical malpractice claim when a healthcare provider fails to meet the accepted standard of care and that failure causes harm.

Medical negligence in these cases may involve:

Failure to monitor or respond to fetal distress
Delayed or improper delivery
Misuse of medical instruments
Failure to diagnose or treat infections or maternal conditions

A successful claim requires proving that the provider’s actions (or inactions) directly led to the injury and resulting damages.

Why Choose Michael S. Lamonsoff for a Birth Injury Case

At The Law Offices of Michael S. Lamonsoff, we do not back down from hospitals or insurance companies. We prepare every case for trial and fight for the maximum compensation possible.

Clients trust us because:

We have over 150 years of combined litigation experience
We have recovered over $500 million in settlements and verdicts
We have handled complex birth injury cases involving top NYC hospitals
We bring in top pediatric and medical experts to strengthen your claim
We offer support in English, Spanish, and Portuguese

When your child’s future is at stake, you need a legal team that refuses to settle for less than justice.

Verdicts and Settlements in Birth Injury Cases

Our legal team has secured multi-million dollar awards for families whose children suffered permanent brain damage due to:

Oxygen deprivation at birth
Failure to perform an emergency cesarean section
Delayed response to abnormal fetal heart rates
Improper use of vacuum extractors and forceps

Each case is aggressively pursued with the goal of ensuring financial security for the child’s medical and personal care over a lifetime.

Infant Brain Injury by the Numbers

Approximately 2 in every 1,000 births in the United States involve oxygen-related brain injury
Birth injuries are responsible for 10 percent of all cases of cerebral palsy
The lifetime cost of care for a child with severe brain damage can exceed $10 million
Brain damage from birth asphyxia may result in permanent physical, cognitive, and emotional disabilities

These figures highlight the importance of legal action when medical errors lead to preventable harm.

Health Complications Caused by Infant Brain Damage

Brain injuries at birth can result in a range of short-term and long-term complications. Some conditions may not be immediately apparent and can take months or years to fully diagnose.

Common medical outcomes include:

Cerebral palsy
Seizure disorders
Delayed motor development
Cognitive and intellectual impairments
Hearing or vision loss
Feeding or swallowing difficulties
Behavioral and emotional disorders

Each of these conditions can affect your child’s ability to live independently and may require lifelong care and therapy.

Why You Need a Birth Injury Lawyer on Your Side

These are not ordinary injury cases. Birth injury claims involve complex legal and medical evidence that must be carefully reviewed and presented.

A qualified attorney can:

Investigate whether proper standards of care were followed
Gather and preserve medical records and fetal monitoring data
Work with pediatric neurologists, neonatologists, and life care planners
Calculate long-term costs for therapy, home modifications, and lost earning potential
Represent your family in negotiations or at trial to secure full compensation

Having the right legal team ensures you are not left navigating this alone.

Common Causes of Brain Damage at Birth

Many forms of brain injury stem from preventable complications during delivery or poor medical decisions.
Frequent causes include:

Failure to detect fetal distress
Delayed decision to perform a C-section
Umbilical cord compression or prolapse
Prolonged labor or delivery complications
Maternal infection not treated in time
Inappropriate use of birth-assisting tools like forceps or vacuum extractors

Any of these errors can result in a lack of oxygen to the baby’s brain, which can cause irreversible damage within minutes.

Where These Injuries Often Occur

Infant brain injuries can happen in a variety of birth settings, including:

Hospital labor and delivery units
Emergency rooms
Birthing centers or clinics
NICUs where postnatal care is inadequate
During home births under the supervision of midwives or nurses

We investigate whether the medical environment and staffing were appropriate and whether protocols were followed correctly.

Who Can Be Held Liable for a Birth-Related Brain Injury

Depending on the circumstances, one or more of the following parties may be responsible:

Obstetricians or gynecologists
Labor and delivery nurses
Midwives or birthing attendants
Pediatricians or NICU staff
Hospital systems or birthing centers
Medical device manufacturers (if tools were defective)

Your case may involve multiple defendants, each of whom may have contributed to the outcome through acts of negligence or omission.

What Damages Can You Recover in a Birth Injury Lawsuit

When your child is harmed by medical negligence, your legal claim may include compensation for:

Economic Damages

Hospital and neonatal care
Surgeries, diagnostic tests, and rehabilitation
Physical, occupational, and speech therapy
Special education services
Assistive technology and home modifications
Lost parental income from caregiving
Lifetime medical and care expenses

Non-Economic Damages

Pain and suffering (child and family)
Emotional distress
Loss of quality of life
Disability or disfigurement
Loss of future earning potential

Punitive damages may also be available in cases of gross negligence or reckless disregard for safety.

Steps to Take if You Suspect Birth-Related Brain Damage

Early action helps preserve your rights and supports your child’s care plan. Here is what to do:

Request full copies of medical records from pregnancy, labor, and delivery
Document any signs of developmental delay or medical complications
Get a second opinion from a pediatric neurologist or specialist
Avoid speaking with hospital risk managers or insurance agents before legal counsel
Contact a birth injury attorney as soon as possible to begin reviewing your case

Our legal team is here to walk you through every step.

Frequently Asked Questions

How long do I have to file a claim?

In New York, most medical malpractice claims must be filed within 2 years and 6 months, but birth injury cases allow a maximum of 10 years from the date of injury or discovery. Exceptions may apply based on when the harm was discovered.

What if symptoms don’t appear right away?

Some signs of brain damage do not show up until the child begins missing milestones. You may still have a valid case if discovery occurs within the 10-year window. We recommend speaking with a lawyer immediately to evaluate your options.

Can multiple providers be sued?

Yes. If the negligence involved more than one provider or facility, we can file claims against each one responsible. This may include OB-GYNs, nurses, and hospitals.

What does it cost to hire your firm?

We work on a contingency fee basis, meaning you pay nothing unless we win. All consultations are free and confidential.

Contact a NYC Birth Injury Attorney Today

If your child suffered brain damage at birth, you deserve answers. You also deserve the resources to give your child the best life possible. Let The Law Offices of Michael S. Lamonsoff fight for you. With decades of experience and a reputation for trial-ready litigation, we do not stop until justice is served.

Call (212) 962-1020 for a free consultation today. Your baby deserves a future. We’re here to help build it.