This page is edited and reviewed by The New York Birth Injury (NYBI) Med-Legal Team of Merson Law, a specialized group of birth injury lawyers & medical professionals.
Your first steps as a parent after you suspect a birth injury has occurred with your newborn child are extremely important.
If you don’t act, you and especially your child could suffer life-long consequences, the least of which is not having enough money to pay for continuing medical expenses.
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Did you know…?
Physicians win 80% to 90% of the jury trials with weak evidence of medical negligence, approximately 70% of the toss-up cases, and 50% of the cases with strong evidence of medical negligence.
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Tragic Birth Injuries: Medical Malpractice Tragedies That Could Have Been Prevented
In some labor and delivery medical malpractice cases, tragic birth injuries could have been easily prevented had the attending medical professionals given quality care during the birthing process.
It’s seemingly insignificant and careless mistakes during childbirth that can result in lifelong complications, not only for the child but also the mother. These mistakes may be considered birth injury medical negligence.
“My Baby Is Alive”
If your newborn baby has survived a suspected birth injury, the first steps you take as a parent are extremely important and time sensitive, so you are going to have to be proactive about it.
If you don’t act, you and especially your child could suffer life-long consequences. Consequences like not having enough money to pay for continuing medical expenses because birth injuries can cause cognitive problems and cost many millions to treat.
What To Do After Birth Injury To Your Baby
“Hi, my name is Jordan Merson and i’m the founder of Merson Law.”
“Birth Injury and medical malpractice questions and topics like the one stated above are what the Lawyers and Attorney’s of Merson Law are specialists at.”
“It was my dream to one day be a fierce advocate for those that have no voice and seemingly no recourse for the wrongs they have suffered at the hands of others.”
Some of Merson Law’s birth injury case wins:
$17 million for failure to timely perform c-section on baby
$14.8 million for baby brain damaged when c-section was delayed
$14.4 million for Queens family whose child suffered brain damage
$11 million for Brooklyn woman who had untreated post-delivery bleeding
$11.3 million jury verdict for brain damage child
“To make that dream a reality, i’ve worked hard to build a unique and successful medical malpractice personal injury law firm in New York, Merson Law.”
“At Merson Law, our birth injury team of experts are focused on bringing justice and compensation for those people whose lives will never be the same because of medical negligence.”
What if you suspect a birth injury caused your baby’s death?
In such tragic circumstances, if you choose to find justice and some semblance of closure for this avoidable tragedy, you must file a lawsuit within two years from the date of death.
After the statute of limitations has passed, you will not have another opportunity to file a lawsuit.
Feeding swallowing difficulties after HIE occur when oxygen deprivation alters brainstem reflexes, muscle tone, and suck-swallow-breathe coordination. NICU feeding teams evaluate oral motor function, check for silent aspiration, and design individualized care plans with temporary tube feeding when needed. Learn how clinical assessments support safe infant nutrition and long-term recovery.
A newborn neurological exam evaluates alertness, muscle tone, reflexes, and movement following HIE. Clinicians use structured evaluations like Sarnat staging to classify encephalopathy as mild, moderate, or severe, helping guide therapeutic cooling decisions. Learn how repeated physical exams are combined with continuous EEG monitoring and brain MRIs to assess neonatal recovery.
An amplitude-integrated EEG (aEEG) provides continuous bedside monitoring of a newborn’s electrical brain activity in the NICU. By compressing brain wave signals into a clear trend display, an aEEG helps clinicians detect silent seizures, monitor HIE, and guide cooling therapy. Learn how aEEG differs from conventional EEG and how it fits with physical exams and brain MRI imaging.
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