Birth Trauma
Birth Trauma Attorney in Queens County
Support For Families Facing Birth Trauma In Queens County
If your baby suffered a serious injury around the time of birth, you may be exhausted, worried about the future, and unsure whether the hospital or doctors did everything they should have. As a birth trauma attorney Queens County parents turn to for guidance, I help families work through these questions and understand their legal options after negligent medical care.
My name is David Kates. For more than 20 years, I have focused my practice on medical malpractice cases in New York, including complex matters involving injuries during labor, delivery, and newborn care. I know how overwhelming it can feel when your child’s health is uncertain, and you are trying to make sense of medical records, diagnoses, and conflicting explanations from providers.
Your child deserves answers now. Call our Queens County birth trauma attorney at (718) 866-3664 for a free, confidential case review today.
Why Parents Choose Me To Handle Birth Trauma Cases
Parents dealing with birth trauma do not just need a lawyer. They need someone who understands how medical decisions made in the delivery room can affect a child for a lifetime and who is willing to take the time to explain what went wrong. That is the level of attention I work to provide for every family I represent.
For more than two decades, I have handled medical malpractice cases throughout New York. During that time, I have have recovered millions of dollars for patients and families harmed by negligent medical providers. In birth trauma cases, that kind of result can help pay for therapies, medical equipment, in home assistance, and other resources a child may need over many years.
When you work with me, you deal with the attorney who is actually responsible for your case. I do not hand files off to junior lawyers. I review the medical records myself, speak with you about your child’s condition, and stay involved as the case moves through the legal system. As a native New Yorker familiar with the courts that hear cases for Queens residents, I understand how to navigate the local legal landscape while keeping your family’s needs front and center.
Understanding Birth Trauma & Possible Medical Negligence
Birth trauma is a broad term that refers to physical injuries or serious medical conditions that affect a baby during labor, delivery, or the period shortly after birth. Some complications happen even when medical teams act reasonably. Others may be linked to preventable mistakes, delays, or failures to respond to signs of trouble.
Common Types Of Birth Trauma
Common birth-related injuries and conditions include a lack of oxygen to the brain, which can lead to hypoxic ischemic encephalopathy or later diagnoses of cerebral palsy. Other examples include nerve damage in the shoulder or arm after a difficult delivery, skull fractures or bleeding in the brain, and severe infections that were not recognized or treated quickly. These conditions can result in long-term challenges with movement, learning, speech, or basic daily activities.
When Medical Negligence May Be Involved
Medical negligence may be involved when providers fail to monitor the baby’s heart rate, ignore signs of fetal distress, delay a necessary cesarean section, misuse delivery instruments, or do not respond promptly to maternal complications. There can also be issues with care after birth, such as not addressing jaundice, breathing problems, or infections in a timely way. You are not expected to know which of these factors applies to your child. Part of my job is to investigate the care you and your baby received and assess whether accepted medical standards were followed.
How I Investigate Birth Trauma Cases In New York
When a family contacts me about a possible birth trauma case, I start by listening. I want to hear, in your own words, what happened during pregnancy, labor, delivery, and in the days or weeks after your child was born. I also ask about your child’s current diagnoses and the care they are receiving now. This conversation helps me understand both the medical story and the impact on your family.
From there, I work to gather and carefully review the relevant medical records. These may include prenatal records, labor and delivery notes, fetal monitoring strips, operative reports, and neonatal intensive care unit documentation. I look closely at the timing of events and the decisions that were made, including whether there were signs of fetal distress, how long labor lasted, and when interventions were considered or performed.
Birth trauma cases often involve technical medical questions about standards of care and causation. My role is to translate those technical issues into clear guidance for you. After reviewing the records and the medical picture, I discuss with you whether there appear to be grounds for a medical malpractice law claim under New York law. If moving forward makes sense, we talk about what that process might look like and what types of compensation could potentially be available to support your child’s needs.
What Parents Can Do If They Suspect Birth Trauma
If you believe your baby’s injury may be linked to something that happened during labor, delivery, or newborn care, there are practical steps you can take right now. These actions can help protect your child and make it easier to evaluate a possible legal claim later.
Some helpful steps for parents include:
- Request copies of your prenatal records, labor and delivery records, and your baby’s hospital records, including any neonatal intensive care unit notes.
- Write down a timeline of what you remember from the day of delivery and the days that followed, including what doctors and nurses told you.
- Keep a folder with your child’s current medical records, test results, and written diagnoses from pediatricians, neurologists, or other specialists.
- Continue to seek appropriate medical care and second opinions as needed, so your child receives the treatment and support they require.
- Consider scheduling a free and confidential consultation with me so we can review what happened and discuss whether medical negligence may have played a role.
You do not have to have every document in hand before you reach out. Many parents contact me while they are still waiting for test results or follow-up appointments. We can talk about where things stand, what additional records or details might be needed, and how to proceed in a way that respects both your child’s medical needs and your legal rights.
Birth Trauma Cases In Queens County & Local Considerations
Families in Queens often receive maternity care through large New York City hospital systems that serve the borough. When something goes wrong during labor, delivery, or newborn care in one of these facilities, the legal issues that follow are typically handled under New York medical malpractice law. Having an attorney who works in this environment and understands how these cases move through the courts can be important.
Cases that involve Queens residents are commonly filed in New York trial courts that apply statewide rules for medical malpractice claims. New York has specific time limits for bringing these cases. Those limits can be affected by factors such as whether the injured person is a child and whether the provider is part of a public institution. Because these rules are strict, it is wise to seek legal advice as soon as you begin to suspect that negligence may have harmed your baby.
As a native New Yorker who has practiced medical malpractice law for over 20 years, I am familiar with how Queens families interact with the region’s hospitals and with the courts that hear their claims. I work to guide parents through each step, from the first investigation of what happened to decisions about filing suit, settlement discussions, or trial, always with an eye on what is best for the child and the family in the long term.
Compensation In Birth Trauma Cases & Your Child’s Future
When a birth injury is linked to negligent medical care, a legal claim may provide financial resources that help support a child’s needs over time. No amount of money can undo what happened, but compensation can ease some of the practical burdens that come with long term medical conditions.
In a successful birth trauma case, recoverable damages may include the cost of past and future medical treatment, physical and occupational therapy, in home care, medical equipment, and necessary modifications to the home. There may also be claims related to special education services, lost income for parents who must reduce work to care for their child, and the child’s pain, suffering, and loss of enjoyment of life.
Over my years handling medical malpractice matters, I have recovered millions of dollars for patients and families harmed by substandard medical care. In the birth trauma context, such recoveries can help pay for a lifetime of therapy, adaptive devices, and support services. Every case is different, and I am careful not to make promises about specific outcomes. My goal is to carefully evaluate your child’s situation and work toward an outcome that provides meaningful support for your family’s future.
Frequently Asked Questions
How do I know if my baby’s birth injury was caused by negligence?
The only reliable way to know if negligence played a role is to review the medical records and the circumstances of your child’s birth in detail. Some injuries occur even when providers act reasonably, while others result from delays, missed warning signs, or improper responses during labor, delivery, or newborn care. I start by talking with you about what you experienced, then I obtain and review the relevant records to look for patterns that may indicate that accepted standards of care were not followed. After that review, I can give you informed guidance about whether a medical malpractice claim in New York appears to be appropriate.
Is it too late to talk to a lawyer about my child’s birth trauma?
It may not be too late, even if some time has passed since your child was born, although New York does have strict time limits for medical malpractice cases. Those limits can depend on several factors, including your child’s age and whether the facility involved is public or private. Because these rules can be complex, the safest approach is to speak with an attorney as soon as possible so your situation can be evaluated under the applicable deadlines. During a consultation, I can explain how New York’s timing rules may apply to your potential claim and whether there is still an opportunity to pursue legal action.
What does it cost to hire you for a birth trauma case?
I offer a free and confidential initial consultation, so there is no charge to talk with me about your concerns and your child’s history. In medical malpractice cases, legal fees are typically paid on a contingency basis that is governed in part by New York law. That structure generally means that you would not pay attorney’s fees upfront, and fees would come from any recovery if a case is successful. The specific terms are always explained in writing before representation begins, so you can make an informed decision without financial surprises.
Will I be able to speak directly with you about my case?
Yes. One of the reasons parents choose my practice is that I personally handle each case from start to finish. When you call to discuss your child’s situation, you speak with the attorney who will be responsible for your case, not a rotating group of lawyers. I remain involved in reviewing records, developing legal strategy, and updating you as the matter progresses. My goal is to build a working relationship where you feel comfortable asking questions and know who is guiding your case at every stage.
What information should I bring to our first consultation?
It is helpful, but not required, to bring or have access to any medical records you already have, such as discharge summaries, operative reports, or recent evaluations of your child’s condition. A written timeline of your pregnancy, labor, delivery, and your baby’s early medical issues can also be very useful. If you have notes about what doctors or nurses told you at the hospital or in later visits, those are worth sharing as well. If you do not have all of this information yet, that is all right. We can still talk about your concerns and discuss what additional records or details might be needed to assess a potential claim.
Can a birth trauma case help with my child’s future care needs?
A successful birth trauma case can help provide financial resources that support your child’s future care, although no lawyer can guarantee a particular result. When negligence is proven, compensation may cover medical treatment, therapy, equipment, and support services that your child will likely need over time. It can also address the impact on your family’s income and your child’s quality of life. In my practice, I focus on how the injury will affect your child in the years ahead and work to pursue an outcome that helps fund necessary care and planning.
How long does a birth trauma lawsuit usually take in New York?
The length of a birth trauma lawsuit in New York can vary, but these cases often take considerable time because they are complex and involve serious injuries. Factors that influence timing include how long it takes to obtain and review medical records, the need for medical evaluations, the court’s schedule, and whether the case resolves through settlement or proceeds to trial. Some cases may conclude in a shorter period if liability and damages are relatively clear, while others can take several years. During our discussions, I explain the typical phases of a medical malpractice case and keep you updated on what to expect as your case moves forward.
Talk With A Birth Trauma Lawyer About Your Child’s Case
If you are caring for a child who suffered a serious injury around the time of birth and you are worried that something went wrong in the delivery room, you do not have to navigate these questions alone. By speaking with a birth trauma lawyer, Queens County parents can consult about their rights, you can gain a clearer understanding of what happened and whether legal action may help protect your child’s future.
When you contact my office, you will speak with an attorney who has spent more than 20 years handling medical malpractice cases in New York and who personally manages each matter from the first call onward. Your consultation is free and confidential, and there is no obligation to move forward if you decide that is not right for your family. My goal is to provide clear information, thoughtful guidance, and steady support at a time when you may feel overwhelmed.
To discuss your child’s situation with me directly, call (718) 866-3664 for a free and confidential consultation.
Results Matter
Millions of Dollars Recovered for Our Clients
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$3 Million Automobile Accident
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$5 Million Jury Vedict
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$5 Million Jury Verdict
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$11 Million Settlement
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$8 Million Settlement
Why Choose Law Office of David A. Kates, PLLC?
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Personalized AttentionDavid will personally handle your case from beginning to end.
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TenacityDavid brings a tenacious and thorough approach to understanding complex medical issues.
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Experience & DedicationDavid has over 20 years of professional legal experience.
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Results DrivenDavid has recovered millions of dollars on behalf of his clients.
David Kates prides himself in getting to the bottom of why a patient was hurt and neglected. Call (718) 866-3664 to discuss your case.