Damages You Can Recover
If your child has suffered a birth injury due to medical malpractice, you may be entitled to various types of compensation. These damages are meant to help cover the costs and hardships of such an injury.
Here’s a breakdown of what you could recover:
Economic Damages
Economic damages cover the financial costs directly related to the injury. This can include medical bills, rehabilitation, therapy, and any future medical care your child might need. It also covers lost wages if you’ve had to take time off work to care for your child and any necessary modifications to your home or vehicle to accommodate your child's needs.
Non-Economic Damages
Non-economic damages are more subjective and cover the emotional and psychological impact of the injury, including pain and suffering, emotional distress, loss of enjoyment of life, and the effect on your family’s overall quality of life. These damages recognize that the impact of a birth injury goes beyond just financial costs.
Punitive Damages
In some cases, you might also be awarded punitive damages to punish the healthcare provider for particularly reckless or egregious behavior. Punitive damages are less common but can be significant in cases where the provider's actions were especially harmful.
Understanding the full scope of damages you might be entitled to is vital in ensuring you get the compensation your family deserves.
Consulting with an experienced New York birth injury attorney can help you maximize your recovery.
Who Can You Hold Liable?
When your child suffers a birth injury, determining who is responsible is a critical step in seeking justice, as several parties may be held liable, depending on the circumstances of your case.
Here’s who might be responsible in a birth injury claim:
- Doctors: The primary healthcare provider responsible for your care during pregnancy, labor, and delivery can be held liable if they fail to provide the appropriate standard of care.
- Nurses: Nurses who assisted during your delivery may be liable if their actions or inactions contributed to the injury.
- Hospital or Medical Facility: The hospital or medical facility where the birth occurred can also be held liable, especially if the injury was due to inadequate staffing, poor training, or unsafe conditions.
- Anesthesiologists: If the injury was related to the administration of anesthesia, the anesthesiologist involved could be held accountable.
- Pharmaceutical Companies: In rare cases, if a drug used during pregnancy or delivery caused the injury, the pharmaceutical company that manufactured the drug might be liable.
Identifying the correct party or parties to hold liable is essential in building a strong case. Working with a knowledgeable New York City birth injury lawyer can help you determine who is responsible and how to proceed.
How to Get in Touch With Us
We’re here to assist you throughout the legal process. You can reach out to our personal injury lawyer in the New York Metro Area by calling (888) 495-8087 or by filling out the contact form.
We offer a free consultation to discuss your claim in New York and explore your legal options. Don’t hesitate to get in touch—we’re ready to help.
Meet Your NYC Birth Injury Attorneys
Paul Ajlouny
Paul Ajlouny is a dedicated New York City personal injury attorney known for his commitment to his clients. A St. John’s University graduate, Paul has an impressive track record of recovering over $150 million for clients.
Paul takes pride in offering personalized attention to each client, guiding them through the legal process with compassion and dedication. He aims to help people during some of the most challenging times in their lives, fighting tirelessly to secure the best possible outcomes.
Michael Levitz
Michael Levitz is a highly regarded personal injury attorney well-known for his litigation skills and dedication to his clients. With a strong belief in being both an attorney and a personal advocate, Michael ensures that each client is fully informed about the legal process and what to expect.
Michael’s dedication is reflected in his impressive track record, including securing one of the top 50 settlements in New York State in 2021, which totaled $730,000 for a client previously turned away by another attorney.
Michael earned his law degree from the Maurice A. Deane School of Law at Hofstra University, where he distinguished himself as an Appellate Advocate. The National Trial Lawyers Association has recognized him as one of the Top 40 National Trial Lawyers under the Age of 40, and he has received numerous accolades from Super Lawyers Magazine.
Important Initial Advice!
If you suspect that your child has suffered a birth injury, taking the proper steps early on can make a significant difference in the outcome of your case. Here’s some essential advice to follow as soon as you realize there’s been a birth injury:
- Consult with an expert pediatrician: If you have concerns about a potential birth injury, consult a specialized pediatrician. They can provide a thorough evaluation of your child’s condition and offer expert opinions on whether the injury may be related to the birth process.
- Attend all medical appointments: It’s important to keep up with all medical appointments and follow the advice provided by healthcare professionals. Regular check-ups and adherence to treatment plans will help ensure that your child receives the care they need and can document the injury's ongoing impact.
- Get in touch with a birth injury lawyer in NYC: Contact an experienced birth injury lawyer from our law firm as soon as possible. They can guide you through the legal process, help you understand your rights, and work to ensure you receive the compensation you deserve. A lawyer can also handle negotiations with insurance companies and represent your interests effectively.
- Stay off social media: Anything you post could potentially be used against you by insurance companies or opposing parties. Keep your case confidential to protect your interests.
- Don’t accept the first offer from the insurance company: Insurance companies often make quick offers that may not fully cover your expenses or reflect the true impact of the injury. It’s wise to consult with a New York personal injury lawyer before accepting any offers to ensure you’re getting a fair settlement.
- Be careful with your language: When communicating with insurance companies, be cautious about what you say. Your statements can be used to undermine your case or reduce the settlement amount. Stick to the facts and avoid making any admissions that could be used against you.
Following these steps will help protect your rights and ensure that you’re taking the right approach to addressing your child’s birth injury.
Deadlines
In New York, if your child has suffered a birth injury, you typically have until two and a half years after your child turns 18 to file a lawsuit. It’s essential to act quickly because missing this statute of limitations for birth injury could mean losing your chance to seek compensation.
The legal process can be complicated, so contacting one of our birth injury lawyers as soon as possible is a good idea. We can help you understand the specific deadlines for your case and ensure everything is done on time.
Gathering Evidence
After a birth injury, gathering evidence is essential to building a strong case. The sooner you start, the better. Important evidence includes:
- Medical records that detail the care your child received
- Witness statements from anyone present during the birth,
- Any photos or videos that document the injury or the conditions that led to it
We know that gathering all this information can feel overwhelming, especially when you're already dealing with the emotional and physical challenges of a birth injury.
Our team of New York City birth injury attorneys can collect and organize the necessary evidence for you so you can focus on what matters most—caring for your child.
What Can I Expect to Pay?
At our firm, we operate on a contingency fee basis. This means you don’t pay us unless we win your case.
This model allows you to focus on your child’s well-being without the stress of legal fees. If you have any questions about our fees or the process, don’t hesitate to call our birth injury attorneys in New York.
Why Choose Us Over Other Child Birth Injury Law Firms In NYC?
Choosing the right law firm can make all the difference when handling a birth injury case. Here’s why our firm stands out from the rest:
Personalized Attention
From the moment you contact us, you’ll receive individualized support and guidance tailored to your unique situation. We take the time to understand your needs and work closely with you throughout the entire process.
Proven Track Record
We’re proud of our track record and the substantial compensation we’ve secured for our clients. Our experienced NYC birth injury lawyers know how to achieve the best possible results.
Compassionate Approach
Our compassionate New York medical malpractice team is dedicated to supporting and ensuring you feel heard and understood. We stand by you and fight for your child’s rights.
Comprehensive Resources
Our birth injury lawyers in New York have the resources and expertise to handle even the most challenging cases. Our firm utilizes a thorough approach to gathering evidence, consulting with medical experts, and building a solid case on your behalf.
No Upfront Costs
We work on a contingency fee basis, meaning you only pay us if we win your case. This model lets you focus on your child’s well-being without worrying about legal fees.
Strong Advocacy
We are committed to advocating for your child’s rights and securing the compensation you deserve. Our team relentlessly pursues justice and will not settle for less than what is fair.
Choosing the right law firm can profoundly impact the outcome of your case. With our dedicated team, you can be confident that you receive top-tier legal support and compassionate care.
For further guidance on birth injury litigation in accordance with New York law, get in touch with our experienced and compassionate team today
Causes of Birth Injuries We See
Birth injuries can happen for many reasons, and knowing what caused them is important if you’re thinking about making a claim. We’ve seen a lot of birth injury lawsuits where mistakes that could have been avoided during pregnancy, labor, or delivery ended up causing serious harm.
Here are some of the most common causes of birth injuries we’ve come across:
- Improper use of delivery tools: Forceps or vacuum extractors misused can cause significant injuries to the baby.
- Delayed C-Section: Failing to perform a C-section in time can lead to oxygen deprivation or other complications.
- Failure to monitor: Inadequate monitoring of the baby’s vital signs during labor can result in undetected distress, leading to injury.
- Medication errors: Incorrect administration of drugs to the mother can affect the baby’s development or cause injury during birth.
- Miscommunication among medical staff: Lack of clear communication between doctors, nurses, and other healthcare providers can lead to critical mistakes.
- Excessive force during delivery: Applying too much force when delivering the baby can result in physical injuries, such as brachial plexus injuries or broken bones.
- Failure to diagnose: Not recognizing or properly diagnosing conditions like preeclampsia, infections, or fetal distress can lead to complications that result in birth injuries.
These are just a few examples of the causes we’ve seen in birth injury cases. If you suspect that your child’s injury was caused by medical negligence, it’s important to consult with a skilled birth injury lawyer to discuss your options and protect your child’s rights.
Common Birth Injuries
Birth injuries can range from mild to severe, and they can have long-lasting effects on a child's life. Here are some of the most serious types of birth injuries we see:
- Cerebral Palsy: A group of disorders affecting movement and muscle tone, often caused by brain damage during birth.
- Brachial Plexus injuries: Excessive force during delivery can damage the network of nerves controlling the arm and hand.
- Fractures: Broken bones, especially the collarbone, are common when there are complications during a difficult delivery.
- Hypoxic-Ischemic Encephalopathy (HIE): A brain injury caused by a lack of oxygen, which can lead to developmental delays and other serious issues.
- Erb's Palsy: A type of brachial plexus injury where the baby’s arm is weakened or paralyzed.
- Facial Nerve injuries: Damage to the facial nerves can happen if forceps are used improperly during delivery.
- Perinatal Asphyxia: When a baby doesn't get enough oxygen before, during, or just after birth, leading to potential brain damage.
- Cephalohematoma: A collection of blood under the scalp that occurs after a difficult delivery. It is usually harmless but can sometimes lead to complications.
- Spinal Cord injuries: Rare but serious, these can occur if there’s excessive pulling or twisting during delivery.
If your child has suffered any of these or other injuries, it's important to get in touch with our birth injury lawyers today to schedule your free consultation.
Other Locations We Serve
Our team proudly serves the entirety of New York City, ensuring that families across the region have access to the legal support they need. We cover all areas, including but not limited to:
- Brooklyn
- Garden City
- New York
- Queens
No matter where you are in the city, we're here to help you with your birth injury case.
Speak to a Birth Injury Attorney in NYC Today!
If you suspect that your child has suffered a birth injury, don’t wait to seek help. Speaking with a qualified birth injury attorney can make all the difference in securing the compensation your family deserves.
We're here to guide you through every step of the process.
