This page was reviewed, edited and approved by New York's top medical malpractice and sexual assault lawyer who is also the founder of Merson Law, Jordan Merson.
Having a baby is the most wonderful experience in the world. However, there are times when child birth goes wrong in the hospital. Baby medical negligence; you know that something is wrong and that your baby is not 100% right, but cannot figure out what it is. There are a number of conditions that can happen during the labor and delivery:
Birth asphyxia – where there is a complete deprivation of oxygen to the baby
Birth hypoxia – where there is a lack of adequate oxygen to the baby
Hypoxic Ischemic Encephalopathy (HIE) – lack of oxygen causes damage to the baby’s brain
Chorioamnionitis – infection that the mother gives to the baby which can cause oxygen deprivation
Erb’s Palsy – baby born with neurological injury that impacts the ability to use the arm
Merson Law’s Principal Attorney Jordan Merson is widely considered one of the top medical malpractice lawyers in New York State. Merson has handled all types of cases and a substantial portion of his practice is dedicated to children and those injured at or around the time of birth, as well as wrongful death cases. Merson has litigated cases that has resulted in hundreds of millions of dollars in recoveries. We have a doctor that is part of the team that reviews all of our medical malpractice cases. Contact us for a free consult today including by one or more medical doctors.
Disclaimer: The information provided in this blog post is for general informational purposes only and should not be construed as legal advice. Every case is unique, and legal outcomes depend on specific facts and applicable laws. Some names, stories, and characters mentioned in this blog may be for illustrative purposes only and do not depict real individuals or events. Reading this blog does not establish an attorney-client relationship with Merson Law, nor does it guarantee any specific legal result. If you or a loved one has been affected by a birth injury, medical malpractice, sexual abuse or sexual assault, or any catastrophic personal injury through no fault of your own, we encourage you to contact Merson Law for a free consultation to discuss your specific situation. Contact us today to learn more about your legal options.
Can multiple doctors and hospitals be liable for a birth injury in NY? When delivery room errors involve obstetricians, nurses, and hospital staff, multiple parties may share responsibility. Learn how New York courts evaluate separate clinical duties, hospital vicarious liability, and CPLR Article 16 joint liability rules to hold all negligent providers accountable.
What is a certificate of merit in a NY birth injury lawsuit? Governed by CPLR 3012-a, this mandatory document certifies that an attorney consulted a qualified medical expert before filing a malpractice claim. Learn how expert reviews, statutory exceptions, and pre-filing evaluations ensure birth trauma lawsuits are built on sound medical evidence.
How do EMR audit trails impact a NY birth injury lawsuit? Electronic Health Record metadata records exact timestamps, user logins, and chart modifications down to the second. Learn how medical experts analyze access logs and EMR audit trails under CPLR Article 31 to establish delivery room timelines, evaluate late entries, and hold negligent providers accountable.
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