Birth Injury / Birth Defect
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Birth Injury Lawyers New York

Kleinick Law is committed to representing Plaintiffs in civil cases.

Our New York Birth Injury Lawyers are proud to represent clients who have been seriously injured by the negligent, careless, or reckless conduct of someone else or some other entity, such as in medical malpractice cases involving birth injury or birth defect cases.

If your child has suffered an injury from the negligent hands of a doctor, contact our experienced New York Birth Injury Lawyers today!

Birth Injury Lawyers - Keith Kleinick & Arnold Kleinick
Keith A. Kleinick

Occasionally during the birth process a baby may suffer a physical injury or deformity that is simply the result of being born. It is estimated that between two and seven babies out of 1,000 will become injured during the birth process. This is sometimes called birth trauma or birth injury.

If you have been awarded damages for a birth injury, we can help you with all of your structured settlement issues. Click here for more information about structured settlements.

Our New York City Birth Injury Lawyers will first determine if the trauma is natural or a result of medical negligence. A birth injury lawyer brings claims for birth injuries associated with medical error or hospital negligence.

Causes of Birth Injuries

A baby's size or position during birth can lead to a difficult delivery or injury to the baby. Conditions that lead to a difficult birth can include the following:

  • Large babies
  • Premature birth – babies born before 37 weeks have more fragile bodies and may be more easily injured.
  • Cephalopelvic Disproportion – the size and shape of the mothers pelvis is not adequate for the fetus to be born vaginally.
  • Dystocia – difficult labor or child birth prolonged labor.
  • Abnormal Birthing Presentation – breech deliveries (buttocks first).

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Common Birth Injuries

Forceps marks

Bruising to the head and face of a baby can arise from trauma from coming in contact with the mother's pelvic bone while passing through the birth canal. Forceps that are used in delivery can oftentimes leave temporary bruises or marks on the baby’s face and head. Vacuum extraction deliveries can also leave lacerations and bruising to a baby's scalp.


Collarbone fractures are the most common type of bone fracture during the labor and delivery process. Breach deliveries and situations where the shoulder of the baby is hard to deliver, the clavicle can break. Babies with a broken or fractured collarbone rarely move his or her arm on the side of the break. Bruising to the collarbone and shoulder may also be prevalent. Immobilizing the arm and shoulder is the recommended treatment for these injuries.

Capute Succedaneum

Capute is an injury identified by severe swelling of the soft tissue on a baby’s scalp. This develops when the baby travels through the birth canal. The swelling will normally go away in a few days without problems. The most common cause of this injury is vacuum extraction.

Erbs Palsy / Brachial Palsy

Erbs Palsy / Brachial Palsy occurs when the bronchial plexus (which is a group of nerves that supply the arms and hands) is injured. It occurs most often when there is a problem delivering the baby’s shoulder. The baby can lose the ability to flex and rotate his or her arm. This injury causes swelling and bruising around the nerves, but movement of the arm should return within a few months. Tearing of the nerve may result in permanent nerve damage. Immobilization of the arm with a brace or splint is a common treatment. Special physical therapy exercises are also used to help return the range of motion to the arm.

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Cerebral Palsy

Failure of a doctor to diagnose fetal distress resulting in birth asphyxia and brain damage often diagnosed as cerebral palsy. You can read more about cerebral palsy here.

Subconjunctival Hemorrhage

A subconjunctival hemorrhage is caused by the breaking of small blood vessels in the baby’s eyes. One or both eyes may have a bright red band around the iris. This is very common and does not cause damage to the eyes. The redness usually dissipates in approximately a week to ten days.

Facial Paralysis

During the labor or birthing process, pressure on a baby’s face can cause the facial nerves to be injured. Facial Paralysis may also occur with the use of forceps during delivery. This injury is often noticeable when the baby cries. There is no movement on the side of the face where the injury has occurred and the eye can not be closed. If the nerve was only bruised the paralysis usually improves in a few weeks. If the nerve was torn, surgery may be necessary.


To protect your legal rights following a birth injury caused by medical negligence, it is wise to consult a birth injury attorney who is experienced, knowledgeable, and handles medical malpractice cases.

Here at Kleinick Law, our New York Birth Injury Lawyers use their years of experience in handling birth defect cases to investigate every possible factor that would cause a birth defect and to ensure that you and your child will receive full compensation for your child’s injuries.

If you have been awarded damages for a birth injury, we can help you with all of your structured settlement issues. Click here for more information about structured settlements.

If your child has suffered an injury from the negligent hands of a doctor, contact our experienced New York Birth Injury Lawyers and fill out a free case evaluation today! Your initial consultation is FREE! "If we don't win, you don't pay!"


Free Birth Injury Consultation. Click Here or Call 212.233.5433

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Birth Defect and Structured Settlement News

Brief Case Description:


New York Birth Defect News:

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New York Birth - Kleinick Law
Birth injury lawyers in New York specializing in medical malpractice cases involving birth injuries and birth defects. Practicing throughout New York City (NYC), Brooklyn, Bronx, Manhattan and the surrounding areas.

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