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 attorney in New York can help you pursue a civil claim and get justice for the damages you’ve suffered.
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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.
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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.
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
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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.