New York Birth Injury Lawyer
Birth Injury Center supports families impacted by birth injuries. Our skilled New York birth injury lawyers help families seek justice and compensation for their child’s injuries due to medical negligence. We understand the emotional and financial challenges you’re facing. The Birth Injury Center is here to guide New York parents with medical and legal information to help parents manage their child’s birth injury and seek legal assistance to help with treatment & other expenses. Contact us for compassionate assistance in New York.
- Last Updated Date: September 22, 2023
How Our Birth Injury Attorneys Can Help You
What Are the Causes of Birth Injuries?
What Are the Most Common Types of Birth Injuries?
How Much Do Birth Injury Lawyers Cost in NYC?
New York Statute of Limitations
What Types of Compensation Can I Claim?
How To File a Claim in New York
Reach Out to the Birth Injury Center Today
Birth injuries are heartbreaking and can have life-long consequences for a child and their family. While not all birth injuries are preventable, unfortunately, many happen because of medical mistakes by the delivery team or other health care providers. Families in New York dealing with a birth injury may not know where to turn to get help on their child’s behalf.
At the Birth Injury Center, we know this is an emotionally and financially draining time for your family. We provide all possible means of support throughout the process, from discovery to healing and acceptance. We can also connect you with a team of experienced, skilled, and compassionate attorneys who will help you seek legal redress from your child’s injuries. If your child suffered a birth injury, contact a New York birth injury lawyer at the Birth Injury Center. You do not want to miss your opportunity to seek justice and compensation for your child.
Contact a lawyer for a free case evaluation today!
How Our Birth Injury Attorneys Can Help You
For any family, dealing with their child’s birth injury can be an incredibly difficult and emotional journey. Our legal professionals at the Birth Injury Center will take a comprehensive approach to your case. We want to learn about your family’s personal story and the circumstances surrounding the injury. With that, we can identify those responsible for any injuries and help you hold them accountable for their negligence.
We never want you to feel alone in the legal process. Our team will support you every step of the way to answer questions and guide you through the process. We will make sure you understand your legal options so you can choose the right path for your family.
Our legal team can support you throughout these challenging times by doing the following:
- Providing a case assessment
- Collecting and analyzing evidence
- Developing an effective strategy
- Explaining your legal options
- Negotiating with other parties on your behalf
- Representing you at trial, if necessary
The legal process often involves negotiation and litigation. Your New York birth injury lawyer will work tirelessly to negotiate with insurance companies or other parties on your behalf to seek fair compensation. If those options do not lead to a successful conclusion, we will aggressively fight for your legal rights in the courtroom. Our team will use every option available to us to build a strong case.
Contact our legal team if you need a New York birth injury attorney. We can answer all your questions to get started on your case.
What Are the Causes of Birth Injuries?
Several underlying factors, such as pregnancy complications, may cause birth injuries. However, the most common reasons include the following:
- Medical negligence: These injuries frequently result from errors or negligence by medical personnel. During prenatal care, labor, or delivery, the medical staff could make mistakes that cause serious injuries. Sometimes, medications, such as Cytotec induction, can adversely affect the mother and baby.
- Delivery complications: Not all deliveries are easy, particularly if the baby is breeched or the mother has prolonged labor. All of these scenarios raise the risk of birth injuries.
- Size discrepancies: The baby might get stuck and need medical help to be delivered if the mother’s birth canal is too small or the child is larger than average.
- Use of instruments: Vacuum delivery or forceps are useful during some deliveries. However, they may cause bone fractures or nerve damage without proper care.
- Oxygen deprivation: Insufficient oxygen supply to the baby’s brain before, during, or after birth can result in severe neurological injuries, such as cerebral palsy or developmental delays.
- Inadequate monitoring: It is crucial to properly monitor both the mother’s and the baby’s vital signs during labor. Inadequate tracking may cause distress signals to be missed, resulting in injuries that could have been avoided.
- Premature birth: Babies born before they’ve fully developed are more susceptible to various health issues and injuries due to their underdeveloped organs and systems.
A combination of factors can cause birth injuries. Close monitoring, proper medical care, and timely interventions are essential to minimize the risk of injuries and ensure the mother’s and the baby’s safety during childbirth.
What Are the Most Common Types of Birth Injuries?
Birth injuries can cause physical and neurological conditions that significantly impact a child’s health. The most common birth injuries include:
- Brachial plexus injuries
- Cerebral palsy
- Erb’s palsy
- Hypoxic-ischemic encephalopathy, or HIE
- Fractures
- Facial nerve injury
- Spinal cord injuries
- Infection
- Death, including intrauterine fetal demise
How Much Do Birth Injury Lawyers Cost in NYC?
There are no set costs to hire a New York City birth injury lawyer since these fees can depend on several factors, such as the case’s complexity. However, many attorneys will work on a contingency fee basis, meaning you will not have to pay an ongoing hourly rate or upfront fee. Instead, your legal team gets a portion of the compensation you recover if they successfully settle or win your case. You do not pay anything unless you win your case.
New York Statute of Limitations
If you or someone close to you has suffered a birth injury in New York, you will want to know how long you have to file a claim. The statute of limitations can differ based on your case’s specifics.
Typically, this limit is two years and six months from the date of the alleged medical malpractice. That deadline applies to parents’ claims. However, the state has a separate statute of limitations for those under 18 that allows malpractice lawsuits to be commenced within 10 years of the date of medical negligence.
What Types of Compensation Can I Claim?
When you bring a birth injury claim, you can usually seek two types of damages: economic and non-economic damages. Economic damages compensate you for the quantifiable monetary losses caused by the injury. Non-economic damages compensate you for more subjective losses, such as emotional and physical suffering. Compensation can include:
- Medical expenses
- Future medical costs
- Educational expenses
- Home modifications
- Pain and suffering
- Emotional distress
How To File a Claim in New York
If you want to file a claim in New York, you must meet certain requirements. First, you must prove there was a doctor-patient relationship, establishing a legal duty of care. Next, you must demonstrate the health care provider breached that duty of care, committing medical negligence. Finally, you must show that negligence caused your child to suffer an injury, harm, or a worsened medical condition.
Medical malpractice claims let you seek compensation from a negligent medical provider. That means your legal team must show the health care professional’s actions deviated from the accepted standard of care, causing the injury or harm suffered.
You will want to collect all relevant medical records, including the following:
- Treatment details
- Test results
- Prescriptions
- Medical bills
- Other pertinent documents
You will also want to collect documentation showing the dates, locations, treatments, and health care providers involved.
Before filing a medical malpractice claim in New York, you must file a Notice of Intent to Sue. Your attorney can help you file that notice.
Reach Out to the Birth Injury Center Today
At Birth Injury Center, our experienced team is here to help you navigate the legal process and seek justice for you and your child.
Contact the team at Birth Injury Center to connect with a New York birth injury lawyer who can help you pursue compensation for your child’s injuries.
Written by:
Birth Injury Center Team
The Birth Injury Center aims to create informational web content and guides to help women and their families seeking support and guidance for birth injuries caused by medical negligence. All of the content published across The Birth Injury Center website has been thoroughly investigated and approved by medical expert Natalie Speer, RNC-OB, Attorney Ryan Mahoney, and Attorney Rick Meadows.
