A medical mistake can cause a birth injury that may not appear until weeks, months, or even years later. This preventable medical mistake, either due to a negligent doctor, nurse, or facility can change your family’s life. Depending upon the severity of their birth injury, your child may require a lifetime of expensive medical and personal care.
If your doctor or medical team made a medical error that resulted in a serious birth injury, a birth injury lawyer in New York can help you pursue a civil claim and get justice for the damages you’ve suffered.
Common Types of Birth Injuries We Represent
A healthcare professional’s mistake during pregnancy or labor can lead to various birth injuries. In more severe cases, the child will need lifelong medical care and support. Additionally, the emotional and financial toll on the family can be overwhelming as they navigate the complexities of caring for a child.
During our legal practice, we have handled a wide range of birth injury cases. Our lawyers have seen the many ways medical negligence can change lives forever. We recognize that every case is unique, and we offer personalized legal strategies to ensure the best possible outcome for your case. The following are common birth injuries that our firm has successfully handled:
- New York Birth Asphyxia Lawyer: Seeking justice for infants who suffered birth asphyxia due to medical negligence.
- New York Cerebral Palsy Lawyer: Advocating for children with cerebral palsy caused by preventable birth injuries.
- New York City Birth Injury Lawyer: Helping families pursue compensation for birth injuries caused by medical errors.
- New York Erb’s Palsy Lawyer: Fighting for infants with Erb’s palsy due to avoidable nerve damage during delivery.
- New York Hypoxic-Ischemic Encephalopathy Lawyer: Assisting families in seeking compensation for newborns with HIE caused by medical mistakes.
"If your child was born with a birth injury, or cerebral palsy, we can help."
Proving Medical Negligence in a Birth Injury Lawsuit
A birth injury claim places you, or your child, as the plaintiff and makes those medical professionals liable defendants. Proving liability involves a careful review of evidence regarding your baby’s injury, the resulting disability, and the costs that resulted due to medical negligence.
As the plaintiff in your birth injury civil claim, you and your lawyer must prove that the defendants violated a standard of care and the birth injury as a direct result of their negligence.
New York Birth Injury Lawyer Near Me (800) 222-9529
New York Birth Injury Claims and Insurance Companies
An insurance company representative may contact you to settle the case quickly. During this time of great stress, you may feel tempted to accept their offer. If you act prematurely, you could lose your right to pursue a civil action later should your child’s injury worsen.
Fighting large medical facilities and well-known doctors isn’t easy. New York birth injury attorneys have experience with insurance company’s high-pressure tactics and will act in your best interests while they protect your rights.
"We know first-hand what you are going through."
New York Laws for Medical Malpractice Cases
Medical malpractice claims can be complex and with multiple state laws that could affect when and how you can collect compensation, it’s best to turn to a New York birth injury lawyer who is experienced with these types of cases.
Statute of Limitations
According to the state statute of limitations, New York Civil Law §214-a, a lawsuit for medical malpractice must be filed within two years and six months of the underlying act of medical negligence. However, if the medical professional’s error occurred as part of ongoing treatment, this time frame does not begin until that course of treatment is completed.
For minor children in medical malpractice cases, these two years and six months do not begin until their eighteenth birthday. The statute of limitations, however, cannot be extended more than ten years after the alleged malpractice occurred.
Caps on Damages
Some states have legislative caps or limits on the amount of damages that can be awarded to a medical malpractice plaintiff. In New York, there are no such caps on economic, non-economic, or punitive damages.
Sliding Scale on New York Attorney’s Fees
New York Judiciary Law §474-a places a sliding scale cap on the percentage that a lawyer can take as a fee after winning your birth injury case. The percentage the attorney can collect goes down as the total amount of the settlement or award increases. Of the total award you receive, the attorney can take:
- 30% of the first $250,000
- 25% of the next $250,000
- 20% of the next $500,000
- 15% of the next $250.000
- 10% of any amount over $1.25 million
"Our Birth Injury Lawyers have recovered over $750+ Million on behalf of our clients."
Compensation for New York Birth injury Cases
Your New York birth injury attorney can advise you on how much you can recover from your claim. There are generally three main types of damages in a civil case:
- Economic damages: These damages are easy to calculate because they are typically attached to a dollar figure. Some examples include medical bills, lost wages, or any out-of-pocket expenses.
- Non-economic damages: These are typically less tangible and harder to assign a dollar amount to. This includes your family’s pain and suffering, your child’s quality of life, or trauma.
- Punitive damages: Awarded as additional compensation, these damages are typically set to punish the defendant for their reckless conduct.
Speak With Birth Injury Lawyer Group for Free
At Birth Injury Lawyer Group in New York, our team fights for the compensation our clients deserve. At the same time, we treat our clients with the respect they deserve. Our goal is to secure the best outcome possible for you and your child’s future.
The difficult time of adjusting to your child’s special needs is no time to deal with the legal process. By placing your case in the hands of our highly-qualified legal team, you can better focus your attention on your child and your family. Get started today with a free consultation.
"We are committed to helping families who have suffered medical negligence."