Birth Injury

Birth Injury Lawyers Serving New York & New Jersey

If your child suffered an injury during labor or delivery in New York or New Jersey, the questions you are facing right now are some of the hardest a parent can ask. Was this preventable, did someone make a mistake, and who is going to be held accountable for what happened to your child are all questions that deserve honest answers from attorneys who have handled these cases before.

At Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C., our New York and New Jersey birth injury lawyer has been helping families hold negligent medical providers accountable since 1975. We offer free consultations and handle birth injury cases on a contingency fee basis, so your family pays nothing unless we recover compensation.

Trusted birth injury lawyers with over 51 years of experience.

What qualifies as a birth injury case?

A birth injury occurs when a baby suffers physical harm before, during, or shortly after delivery because of medical negligence, and it is important to distinguish this from a birth defect, which develops naturally during pregnancy. Birth injuries result from preventable errors such as a doctor who fails to respond to fetal monitor warnings, a hospital that does not have adequate staffing during a complicated delivery, or a nurse who delays critical intervention when the mother or child shows signs of distress. These cases fall under medical malpractice law in both New York and New Jersey, and the injured family must prove that the healthcare provider deviated from the accepted standard of care and that the deviation directly caused the child’s injury.

Types of Birth Injury Cases We Handle in New York and New Jersey

Birth injuries vary widely in severity, and some resolve within weeks while others result in permanent disability requiring lifelong care and support. Our firm represents families across a range of birth-related injuries in both states.

• Cerebral palsy. One of the most devastating outcomes of birth trauma, cerebral palsy can result from oxygen deprivation during labor when a delay in performing an emergency cesarean section, improper use of delivery instruments, or failure to monitor fetal heart rate contributes to brain damage. Children with cerebral palsy may need physical therapy, occupational therapy, assistive devices, and ongoing medical supervision throughout their lives.
• Brachial plexus injuries. These injuries affect the nerves controlling the arm and hand and often occur when excessive force is applied during delivery, particularly in cases of shoulder dystocia where the baby’s shoulder becomes lodged behind the mother’s pelvic bone. Erb’s palsy, one of the more common brachial plexus injuries, can cause partial or complete paralysis of the affected arm.
• Hypoxic-ischemic encephalopathy. HIE results from reduced oxygen and blood flow to the brain during or around the time of delivery and can lead to seizures, developmental delays, and cognitive impairment that may not become fully apparent until the child reaches school age.
• Fractures during delivery. Clavicle and skull fractures can occur during complicated deliveries, especially when vacuum extraction or forceps are used improperly during a difficult birth.
• Infections. Untreated maternal infections like Group B streptococcus can pass to the baby during delivery and cause meningitis or sepsis, and medical providers are expected to screen for and treat these infections before the delivery date.
• Surgical errors during cesarean section. Delayed C-sections that allow fetal distress to continue, lacerations to the baby during the procedure, and anesthesia complications all fall within the scope of birth injury litigation. According to the CDC’s maternal health data, complications during childbirth remain a significant public health concern, and the NIH has identified monitoring failures as a contributing factor in preventable birth injuries.

Why Choose Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C. for Birth Injury in New York and New Jersey?

Proven Results in Medical Negligence Cases

Our firm has recovered millions of dollars for clients injured by negligence across New York, NY and New Jersey, NJ. In medical malpractice cases specifically, we secured a $1.1 million recovery against an obstetrician and hospital for failing to perform a timely cesarean section when fetal distress was present. We have also obtained a jury verdict exceeding $1.3 million in a podiatric malpractice matter and a settlement above $700,000 for a woman injured during a surgical procedure.

Kate Carballo concentrates her practice on personal injury and medical malpractice litigation in New Jersey and New York and has been practicing for over 14 years. She earned the Certified Civil Trial Attorney designation from the New Jersey Supreme Court and is a member of the American Association for Justice and the New Jersey Association for Justice. Kate was selected to the Super Lawyers list for New Jersey from 2024 through 2026.

Barry S. Kantrowitz has practiced law for more than 40 years and earned his J.D. from Boston University School of Law. He is licensed in New York, New Jersey, and Florida and holds an AV Preeminent rating from Martindale-Hubbell, which reflects the highest peer-review assessment of legal ability and ethical standards. Barry is a member of The National Trial Lawyers.

Our personal injury lawyer in New York and New Jersey gives families the legal support they need to pursue justice after a preventable birth injury, and we work on contingency so there is no financial risk to you.

“Words can’t even explain the work and dedication that everyone at KGG puts into their jobs. From the moment I walked into the office I was immediately welcomed and more importantly, heard. I would especially like to point out the exceptional work of Barry Kantrowitz. My family and I couldn’t be more appreciative. Highly recommend and I will be using KGG again!” — Kieton Nunes

Understanding Birth Injury Cases

Damages, Liability, and Compensation for Birth Injury Cases

The cost of a birth injury is not measured in a single hospital bill. A child diagnosed with cerebral palsy at age two may need physical therapy three times a week for years, a motorized wheelchair that costs $25,000 and needs regular replacement, home modifications for mobility equipment, and specialized educational support through high school. By the time that child reaches adulthood, the total cost of care can run into the millions.

Parents also carry a burden that no dollar figure fully captures. The exhaustion of managing a medically complex child’s schedule, the grief of watching developmental milestones pass unmet, the strain it places on the entire family. New York and New Jersey courts recognize these losses and allow juries to award compensation for the emotional toll alongside the financial costs.

To hold a provider liable, you need to show that the care fell below what a competent physician in the same specialty would have provided. The responsible party could be the obstetrician who ignored warning signs on the fetal monitor, the anesthesiologist who delayed critical intervention, or the hospital itself if staffing or equipment failures contributed. In many cases, more than one provider shares responsibility.

Important Aspects in Your Birth Injury Case

The medical records from your pregnancy and delivery are the most important evidence in a birth injury case, and they need to be obtained and reviewed by both a lawyer and an independent medical professional as early as possible. Fetal monitoring strips show heart rate patterns minute by minute during labor. Nursing notes document when staff observed changes and what they did about it. The delivery room log records the time the decision was made to perform a cesarean section and how long it took from that decision to the actual incision. These details tell the story of whether the medical team responded appropriately or whether critical time was lost.

Birth injury litigation requires physicians to evaluate whether the care your child received fell below what a competent provider in that specialty would have delivered. In New Jersey, this is not optional. The state requires an Affidavit of Merit from a board-certified physician early in the case confirming that the claim has a reasonable medical basis. Without it, the case gets dismissed.

These cases also tend to involve very large damages because the injuries are often permanent. A child who suffers brain damage during delivery may need medical care, therapy, and support services for the rest of their life. The cost projections that life care planning professionals develop in these cases frequently run into the millions, and getting those projections right requires working with physicians, therapists, educators, and economists who can testify about what the child will actually need over a lifetime.

Birth Injury Case Timeline

Birth injury cases tend to move more slowly than other personal injury matters because the medical evidence is detailed and the stakes are high.

• The case begins with a review of all medical records from your pregnancy and delivery by both your attorney and a qualified medical reviewer.
• If the review supports a claim, the attorney files a complaint against the responsible providers.
• Discovery follows, and both sides exchange medical evidence, depose staff, and retain specialists.
• Many cases resolve through settlement once the evidence is developed, though we prepare every case for trial.
• If the case goes to trial, complex medical testimony must be presented clearly for the jury.

What to Bring to Your Birth Injury Consultation

Bring the following to your consultation.

• All prenatal records, including ultrasound reports, lab results, and notes documenting complications during the pregnancy
• Hospital records from labor, delivery, and postpartum care, including fetal monitoring strips
• Your child’s medical records since birth, including specialist evaluations, developmental assessments, and any diagnoses related to the birth injury
• A list of current and anticipated medical expenses, including therapy costs, equipment needs, and any modifications that have been made to your home

The consultation is free, and we will give you an honest assessment of whether your family has a viable claim.

New York and New Jersey Legal Resources for Birth Injury

New York

These resources can help you research New York laws and procedures related to birth injury and medical malpractice claims:

• New York State Unified Court System provides information on civil filing deadlines, court procedures, and statutes of limitations for medical malpractice actions
• New York State Legislature allows you to search the full text of the Civil Practice Law and Rules and the Public Health Law, which govern malpractice claims and healthcare regulations
• New York State Department of Health publishes data on hospital quality, patient safety, and provider licensing that can be relevant when evaluating a potential birth injury claim

New Jersey

These resources cover New Jersey birth injury and medical malpractice law:

• New Jersey Courts provides guidance on statutes of limitations and civil court filing procedures for malpractice claims
• New Jersey Legislature maintains searchable access to New Jersey statutes including the provisions governing medical malpractice and the Affidavit of Merit requirement
• New Jersey Department of Health tracks maternal and infant health outcomes across the state and publishes hospital performance data

Reach Out to Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C. to Schedule a Consultation

If your child was injured during birth in New York or New Jersey, Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C. is here for your family. Contact us for a free case evaluation.