Birth Injury in New York

Feb 272014

Injury to a baby before, during, or shortly after birth is a devastating occurrence for a family. It can be particularly difficult to determine whether a birth injury was the result of a medical professional’s negligence or simply an unavoidable tragedy.

Common Birth Injuries

There are many types of birth injuries. Some of the most common include Erb’s Palsy, cerebral palsy, facial nerve damage, and fractures. In the most tragic circumstances, birth trauma can result in wrongful death.

Erb’s Palsy/Brachial Plexus Injury

Erb’s Palsy is caused by damage to the brachial plexus nerves that run from the spine to the arm and hand. Although these injuries vary in severity, individuals with Erb’s Palsy may have no muscle control or limited feeling in the affected arm.

Cerebral Palsy

Individuals with cerebral palsy have difficulty controlling their movements and may also suffer from a combination of visual, auditory, and speech impairments as a result of brain injury or damage.

Facial Nerve Injury

Damage to the baby’s facial nerves during delivery can result in lack of motion on one side of the face. This paralysis can resolve on its own, but more severe injuries may require surgical correction.


Birth injury can result in fractured or broken bones. Typically, pressure during delivery or other birth trauma damages the baby’s clavicle or collarbone, but any bone may be fractured or broken during the delivery process.

Causes of Birth Injury

A birth injury may result from any number of circumstances. Some of the most common include:

  1. The baby’s size or position
  2. Prolonged labor
  3. Delay in ordering a C-section
  4. Misuse of forceps or vacuum extractors
  5. Failure to anticipate complications
  6. Failure to respond to fetal distress
  7. Medication errors

Although not all birth injuries are the result of a medial professional’s negligence or carelessness, sometimes this is the unfortunate reality.

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The Underwood Law Firm has years of successful trial results* but we attempt to resolve disputes outside of the court system first, if possible. We are one of the few firms in the Syracuse area that offers free consultations so that everyone has an opportunity to speak with an experienced attorney about their case.

If you or someone close to you has suffered an injury, call our office at (315) 445-3005 for a free consultation so that you can quickly know your rights under New York Law. Or email us your contact information (in the email form on the right column of our website) and we will call you.**

Underwood Law Firm, P.C.
The White House
7030 E. Genesee Street
Fayetteville, New York 13066
Tel:  (315)445-3005
Fax: (315)446-7521

The Underwood Law Firm handles all aspects of personal injury and workers’  compensation law including auto accidents, medical malpractice, dog bites, and premises liability cases in the following areas: Syracuse, Utica, Albany, Watertown, Oswego, Binghamton; Onondaga County and Madison County, including the towns, cities and villages of: Fayetteville, Manlius, DeWitt, Morrisville, Cicero, Liverpool, East Syracuse, Syracuse, Baldwinsville, Camillus, Clay, Fabius, Elbridge, Geddes, Jordan, Lafayette, Lysander, Marcellus, Minoa, North Syracuse, Otisco, Pompey, Salina, Skaneateles, Spafford, Tully, Van Buren, Eaton, Cazenovia, Canastota, Brewerton, Solvay, Central Square, Cato, Chittenango, Oneida and many other areas.

* Prior results do not guarantee a similar outcome.
** Submitting an email does not create an attorney-client relationship.

Updated: 1/7/17

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