Birth Injury Malpractice in Saratoga County

Saratoga Hospital has the largest labor and delivery facility in Saratoga County, delivering over 900 babies annually.

Several years ago, Saratoga Hospital joined the Albany Med Health System. As such, it now has access to the largest medical center in the Capital region, including sophisticated maternal-fetal medicine specialists, geneticists and state of the art imaging.

Nonetheless, any institution, now matter how sophisticated, is only as good for the individual patient as care actually delivered. We have successfully represented families in birth injury cases, including some of the most sophisticated centers in New York State.

The central issue in a malpractice case is whether “standard of care” was given to that patient, on that particular day. It doesn’t matter how many specialists were on the “team” or how many imaging suites are at the facility. If the care was below “standard of care” and that breach of standard of care caused serious injury to the patient, then there may be appropriate basis for medical malpractice suit.

Under New York law, medical malpractice is defined as a deviation or departure from accepted standards of care that causes injury (NY Pattern Jury Instruction 2:150).

In addition to “private” hospitals, Saratoga (and Warren) County is also home to facilities run by “Federally Qualified Healthcare Centers” (or “FQHCs”) most notably those run by Hudson Headwaters. We have experience (successfully) litigating against Hudson Headwaters. As a FQHC, there are special rules (including shortened notice periods, and federal jurisdiction) that must be taken into account when bringing a case involving that entity.

We have seen cases of obstetrical malpractice involving:

• Fetal monitoring strips (e.g. late decelerations unaddressed for critical minutes);
• Nerve injuries from “shoulder dystocia”
• Failing to obtain “high risk” consult from maternal fetal medicine
• Failing to transfer high-risk neonates to higher level care (e.g. failing to effectuate transfer to Albany Medical Center’s Level IV NICU)

Types of Birth Injuries We Handle in Capital District Cases

We are available to represent families in Saratoga County in cases involving:

• Cerebral palsy from oxygen deprivation
• Brachial plexus injuries (Erb’s palsy)
• Hypoxic-ischemic encephalopathy (HIE)
• Intracranial hemorrhage
• Complications of prematurity, if premature birth was preventible

Proving Medical Malpractice in Saratoga County Birth Injury Cases

To establish medical malpractice under New York law, we must prove four elements as defined in NY Pattern Jury Instruction 2:150:

How We Determine “Standards of Care”

To answer the question whether “standard of care” was met, we compare the care actually provided to objective standards established by authoritative medical organizations, in addition to what qualified experts would describe as “reasonable care” under the circumstances.

Some notable, objective standards include:

ACOG Guidelines: The American College of Obstetricians and Gynecologists or “ACOG” publishes practice bulletins establishing generally standards in many aspects of OB-GYN practice, including fetal monitoring interpretation and emergency cesarean response. These are the standards obstetric providers are trained to follow and “deviating” from those standards, while sometimes permissible, should be necessary under the circumstance, and those reasons documented.

Hospital Protocols: We obtain the hospital’s own protocols for OB-GYN care. Typeically these will include circumstances for emergency cesarean response, neonatal resuscitation, and high-risk transfer procedures. When providers fail to follow their hospital’s own policies, this is generally considered evidence of negligence.

Neonatal Resuscitation Standards: The American Academy of Pediatrics Neonatal Resuscitation Program (NRP) establishes standards for newborn resuscitation. We determine whether the resuscitation team followed the sequence of interventions generally accepted in the medical community.

What We Investigate in Saratoga Hospital Birth Injury Cases

We obtain and conduct detailed review of medical records to reconstruct what happened, when, and why. Notable records often include:

• Prenatal records: Were risk factors like macrosomia or diabetes identified and planned for?
• Fetal monitoring strips: which may be sent to maternal-fetal medicine specialists for review of “variability” the nature of “decelerations” or other indications of fetal distress.
• Delivery room notes showing exactly which maneuvers were used (or not used)
• Neonatal records including Apgar scores, cord gases, and imaging
• Hospital protocols and staffing records

We also sit down with the family — your memory of key events, if doctors were “unavailable” and other features that stick out in your mind can often be critical evidence in the case.

Transfer Cases Between Saratoga Hospital and Albany Medical Center

Saratoga Hospital is designated as a Level 1 Perinatal Center, providing care to normal and low-risk mothers and newborns. Albany Medical Center operates the region’s only Level IV NICU and is designated as the Regional Perinatal Center for northeastern New York. When high-risk conditions are identified during pregnancy or complications arise during labor, transfer to Albany Medical Center may become necessary.

We evaluate whether hospitals recognized the need for transfer on a timely basis. If a baby requires specialized neonatal intensive care that Saratoga Hospital cannot provide, delays in recognizing this need or arranging transport can worsen outcomes. We obtain transport records showing when transfer was requested, how long it took to arrange, and whether the baby’s condition deteriorated during delays. We also evaluate whether prenatal care identified high-risk conditions that should have prompted delivery at a higher-level facility from the outset.

For babies transferred to Albany Medical Center’s NICU after delivery at Saratoga Hospital, we obtain records from both facilities to determine where failures occurred—whether during prenatal care and delivery planning at Saratoga Hospital, during labor and delivery, or during postnatal care and transfer arrangements.

Legal Deadlines for Birth Injury Cases in Saratoga County

New York’s statute of limitations establishes strict deadlines for filing medical malpractice lawsuits. Missing these deadlines typically bars your case permanently, regardless of the merits.

Statute of Limitations for Saratoga Hospital (Private Facility)

Saratoga Hospital is a private facility. Under CPLR § 214-a, the statute of limitations for medical malpractice against private hospitals is 2.5 years from the date of the alleged malpractice. For birth injury cases, this means 2.5 years from the date of delivery or the date of the specific act of negligence.

However, New York law provides an important extension for injured children. Under CPLR § 208, the statute of limitations is tolled (paused) during the child’s minority. The 2.5-year period does not begin running until the child turns 18, giving the child until age 20.5 to file a lawsuit. This extended deadline allows time for the full extent of injuries to become apparent.

Statute of Limitations for Federal Facilities Such as “Hudson Headwaters”

Hudson Headwaters, which operates many OB-GYN facilities in the North Country (notably Saratoga and Warren Counties) is operated by the federal government as a Federally Qualified Health Center (“FQHC”). As such, federal jurisdiction applies to any case brought against that entity and procedures are governed by the Federal Tort Claims Act (“FTCA”)

From the patient perspective the most important difference is that the potential Plaintiff must file a “Notice of Claim” within two (2) years, and experienced counsel should be used for such cases to avoid procedural defaults.

Other Capital District Facilities

Albany Medical Center, Ellis Hospital, and St. Peter’s Hospital are all private facilities subject to the same 2.5-year statute of limitations under CPLR § 214-a, with the same extensions (generally up to 10 years) for children, under CPLR § 208.

However, as a practical matter, evaluation should take place well before expiration of the statute of limitations to give attorneys time to order records, review them, and obtain physician expert reviews prior to filing a case. We recommend contacting us as soon as you believe medical negligence may have occurred, rather than waiting until the deadline approaches.

Compensation Available in Birth Injury Cases

Birth injury cases can result in substantial compensation reflecting the lifetime impact of permanent disabilities. New York law allows recovery of both economic and non-economic damages.

Economic Damages

Economic damages compensate for measurable financial losses:

• Past and Future Medical Expenses: Hospital bills, surgeries, therapy (physical, occupational, speech), medications, medical equipment, and adaptive devices. For children with cerebral palsy or other permanent disabilities, we work with life care planners who calculate the lifetime cost of necessary medical care and therapy.
• Custodial Care: When injuries require around-the-clock supervision or assistance with activities of daily living, we calculate the cost of providing this care throughout the child’s lifetime.
• Home and Vehicle Modifications: Wheelchair ramps, accessible bathrooms, modified vehicles, and other accommodations necessary for the child’s mobility and independence.
• Lost Future Earning Capacity: For children who will be unable to work or whose disabilities limit employment options, we calculate the economic value of lost future earnings.
• Special Education and Tutoring: Costs of specialized educational services, tutors, and therapies not provided by the school district.

Non-Economic Damages

Non-economic damages compensate for intangible losses that don’t have specific monetary values:

• Conscious Pain and Suffering: Physical pain, discomfort, and emotional distress experienced by the child due to the injury and its treatment. This is a recognized legal claim under New York law.
• Loss of Enjoyment of Life: The child’s inability to engage in activities, sports, or experiences that others enjoy due to their disabilities. Even for individuals who are not gainfully employed, the loss of ability to engage in activities may be sufficient, and significant damages available in a malpractice case.
• Parental Loss of Services: Parents may recover for the loss of their child’s services, society, and companionship during minority.

How We Calculate Damages

We work with life care planners, economists, and medical experts to calculate the lifetime costs of caring for a child with permanent disabilities. Life care planners assess the child’s current and future medical needs, therapy requirements, equipment needs, and care requirements. Economists calculate the present value of these future costs and lost earning capacity. We present this evidence to demonstrate the full scope of compensation necessary to provide for the child’s lifetime needs.

We have obtained multi million dollar recoveries for a birth injuries resulting in cerebral palsy. Case results vary by facts, and the specific value of any case depends on the severity of injuries, degree of disability, life expectancy, and strength of proof.

Where Birth Injury Cases Are Filed in Saratoga County

Medical malpractice cases against Saratoga Hospital and Capital District facilities are filed in the New York State Supreme Court for the county where the malpractice occurred or where the defendant is located.

Supreme Court, Saratoga County
30 McMaster Street
Ballston Spa, NY 12020

For cases involving Albany Medical Center, cases may also be filed in Supreme Court, Albany County. We have brought cases in all counties of the Capital District region.

How Deutsch Law Handles Birth Injury Cases

We represent families throughout Saratoga County and the Capital District whose children suffered preventable birth injuries. Our approach combines detailed medical record analysis with consultation from board-certified specialists to build comprehensive proof of medical negligence.

Medical Expert Network

We have a network of world-class, board-certified specialists who provide us expert analysis on whether care met accepted standards:

• Maternal-Fetal Medicine Specialists: Physicians specializing in high-risk pregnancies who analyze fetal monitoring strips, prenatal care, and delivery management decisions.
• Obstetricians: Board-certified OB/GYNs who evaluate labor management, cesarean section timing, shoulder dystocia response, and operative vaginal delivery technique.
• Neonatologists: Physicians specializing in newborn intensive care who analyze neonatal resuscitation, NICU care, and whether injuries could have been prevented with earlier intervention.
• Pediatric Neurologists: Specialists who interpret neuroimaging studies, establish the timing and cause of brain injuries, and provide prognosis for long-term outcomes.
• Life Care Planners: Professionals who calculate the lifetime cost of medical care, therapy, equipment, and support services for children with permanent disabilities.

In addition to our own analysis, we send records to these specialists, so we can determine whether standards were violated, if this caused injury, and what the long-term consequences will be.

Common Questions About Saratoga County Birth Injury Cases

Contact Deutsch Law for Saratoga County Birth Injury Representation