Birth Asphyxia Attorney in New York

How Our Birth Asphyxia Lawyers in New York Can Help

Birth asphyxia cases are medically complex and fiercely defended by hospitals and insurers. When you work with Jacob D. Fuchsberg Law Firm, you are choosing a team with over four decades of experience handling high-stakes medical malpractice litigation.

We will:

• Obtain and review complete prenatal, labor, and delivery records.
• Consult OB/GYN, neonatology, and neurology experts.
• Identify failures in fetal monitoring, decision-making, or delivery timing.
• Establish how oxygen deprivation occurred and how it could have been prevented.
• Calculate current and future damages for lifelong care.
• Aggressively negotiate with insurers or take your case to trial if needed.

While we make every effort to get fair compensation for you through negotiation, we also prepare every case as if it will be tried before a jury. That’s how real leverage is built.

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Did Something Go Wrong During Delivery?

Families often sense that medical providers missed warning signs. If your instincts tell you something wasn’t right, we’re here to listen. Contact Jacob D. Fuchsberg Law Firm today.

Schedule a Free Consultation

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What Is Birth Asphyxia?

Birth asphyxia occurs when a baby does not receive enough oxygen before, during, or immediately after delivery. Even short periods of oxygen deprivation can cause serious harm to the brain and other organs. The severity of injury often depends on how long the oxygen loss lasted and how quickly medical professionals responded.

Birth asphyxia is estimated to cause hundreds of thousands of neonatal deaths each year worldwide, and contributes to around 23% of newborn deaths globally. A portion of infants who experience birth asphyxia die shortly after birth, and among survivors, neurological conditions such as cerebral palsy, cognitive impairment, or developmental delay are common.

Prompt recognition and intervention are critical. When doctors or nurses fail to act on clear signs of distress, the result can be irreversible injury.

Common Causes of Birth Asphyxia

Many birth asphyxia cases are linked to preventable medical errors during labor and delivery, including:

• Failure to monitor fetal heart rate properly
• Ignoring signs of fetal distress
• Delayed emergency C-section
• Prolonged or obstructed labor
• Umbilical cord compression or prolapse
• Placental abruption or uterine rupture
• Misuse of labor-inducing drugs
• Failure to provide timely resuscitation after birth

When these situations are mishandled, oxygen deprivation can occur rapidly and lead to devastating injuries.

Injuries Caused by Birth Asphyxia

Approximately three babies in the U.S. are born with birth injuries every hour. Birth asphyxia can lead to severe and permanent conditions, including:

• Hypoxic-ischemic encephalopathy (HIE)
• Cerebral palsy
• Seizure disorders
• Developmental delays
• Cognitive impairments
• Vision or hearing loss
• Feeding and swallowing difficulties
• Lifelong physical disabilities
• Stillbirth or neonatal death

These injuries often require extensive, lifelong medical care and support. The negligent party should be held accountable and required to compensate your family for its losses and future expenses.

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You Shouldn’t Have to Pay for a Preventable Birth Injury

If negligence caused your child’s injury, we’ll fight for the resources your family needs to move forward. Contact our team to start a conversation and get the help you deserve.

Schedule a Free Consultation

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How We Prove Birth Asphyxia Medical Malpractice

Not every birth injury is caused by malpractice. Our job is to determine when professionals violated the standard of care and when that violation caused harm. To do that, we establish four key elements:

• Duty of care: Medical providers owed competent care to the mother and baby.
• Breach: Providers failed to act as reasonably skilled professionals would.
• Causation: That failure caused or worsened oxygen deprivation.
• Damages: The injury resulted in measurable physical, emotional, and financial harm.

Our firm works with nationally recognized medical experts to build compelling, evidence-based cases.

What Compensation Can You Recover After a C-Section Case?

When birth asphyxia is caused by medical negligence, a lawsuit is not just about accountability; it is about securing the resources your child and family will need for decades to come.

Oxygen deprivation at birth often results in permanent injuries that require ongoing medical care, therapy, and specialized support. New York law allows families to seek compensation that reflects the full scope of these lifelong needs.

Depending on the severity of the injury and its long-term impact, compensation in a birth asphyxia case may include:

• Past and future medical expenses: NICU stays, hospitalizations, surgeries, medications, and follow-up care.
• Rehabilitation and therapy costs: Physical therapy, occupational therapy, speech therapy, and developmental interventions.
• Long-term and in-home care: Nursing services, aides, or residential care if required.
• Assistive devices and medical equipment: Wheelchairs, braces, communication devices, feeding equipment, and mobility aids.
• Home and vehicle modifications: Ramps, lifts, widened doorways, and adaptive transportation.
• Educational support: Special education services, tutoring, and individualized educational plans.
• Lost income and reduced earning capacity: Compensation for leaving work or reducing hours to provide care.
• Pain and suffering: Physical discomfort, emotional distress, and diminished quality of life.
• Loss of enjoyment of life: Reflecting the limitations placed on a child’s independence and experiences.
• Emotional distress suffered by parents: Anxiety, trauma, and loss of normal parent-child bonding.
• Wrongful death damages: When birth asphyxia results in stillbirth or neonatal death.
• Punitive damages: Awarded in rare cases where medical conduct was especially reckless or egregious.

These cases are not about short-term recovery. They are about building a financial foundation that supports a child’s medical, educational, and personal needs over an entire lifetime. Our birth asphyxia attorneys work closely with medical experts, life-care planners, and economists to ensure that no future cost is overlooked or underestimated.

Why Families Choose Jacob D. Fuchsberg Law Firm

When families come to our firm after a birth injury, they are often facing one of the most difficult periods of their lives. The joy of welcoming a child is now overshadowed by uncertainty and fear. For decades, our firm has helped New York families navigate these moments with strength, clarity, and results.

• Millions recovered for injured families: We have recovered millions of dollars for children and families harmed by medical negligence during labor and delivery.
• 40+ years of legal and medical insight: Birth asphyxia cases demand a deep understanding of obstetrics, fetal monitoring, neonatology, and neurology. Our attorneys know how to identify where the standard of care was breached and how to present that evidence clearly and persuasively.
• No upfront costs and no financial risk: We handle birth injury cases on a contingency basis. You do not pay legal fees unless we recover compensation for your family.
• Spanish-speaking services available: We proudly offer full legal support in Spanish to ensure every family has access to justice.