Birth Injuries FAQ

What is a birth injury?

Birth injuries can occur as a result of medical mistakes during pregnancy, labor and delivery or immediately after birth of an infant. If a medical professional is careless, makes a mistake or omits to act in a medically accepted manner, an infant could suffer a birth injury or even die as a result. Birth injuries are a type of medical malpractice case.


Who may be responsible for my infants birth injury?

The hospital, the doctor, the nurse or the midwife are just some examples of who could be responsible for your infants birth injury if they failed to render care in a professionally accepted manner when monitoring your pregnancy or delivering your child.


What is medical malpractice?

Medical malpractice is negligence committed by a professional health care provider a doctor, nurse, dentist, hospital or hospital worker whose performance of duties departs from a standard of care of those with similar training and experience, resulting in harm to a patient or patients. It can result from a failure to act or from acting improperly.


Do I need a lawyer to pursue a birth injury case?

Yes. Birth injury cases are very complex, time consuming and can be quite expensive to litigate.


What is negligence?

Negligence is the failure to use reasonable care, or a failure to use the same degree of care that a reasonable person would use under the same circumstances. Evidence of negligence is the basis for liability in most personal injury and wrongful death cases.


I signed a consent form. Have I waived my right to bring a birth injury claim?

No, not necessarily. A consent form can be an indication that you were informed of certain risks associated with the treatment or procedures, but it does not give a doctor or hospital a license to commit malpractice or to otherwise act in a negligent manner.

Lozner & Mastropietro is dedicated to representing children injured at birth and their families. If you believe that your childs birth injury may be the result of a medical mistake or you simply need more information, please contact us at 1-718-615-0044 or click Tell Us About Your Case.

Tell Us About Your Case

Our team speaks English, Spanish, Russian and Italian.