How a New York Birth Injury Attorney Can Help with Your Case
Litigating a complex case is best handled by an experienced childbirth injury lawyer.
An experienced New York birth injury attorney will:
- Conduct a full and independent investigation of your case to determine liability and who should be held responsible.
- Obtain and review all of your medical records.
- Document your ongoing damages.
- Consult with medical experts, retain them to review your case, and have them testify on your behalf to prove fault.
- Handle settlement negotiations and demand the highest compensation possible.
- Fully prepare and take the case to trial, if needed.
Why Choose Finz & Finz, P.C.?
Our birth injury law firm has been advocating for victims of medical negligence for over 35 years. Families throughout the greater NYC area choose us to handle their birth injury lawsuits because we have:
- A Track Record of Success – With millions of dollars recovered for victims of negligence, our proven legal strategies help families put their lives back together in the wake of a traumatic birth injury. We also have strong relationships with the world’s top medical experts to help us build the strongest cases possible.
- Decades of Experience – Birth injury lawsuits are some of the most complex to litigate. For decades, our experienced legal team has taken on hospitals, doctors, and insurance companies to hold them accountable for their negligence. We aggressively pursue the highest compensation available and aren’t afraid to take cases to trial, when needed.
- Caring Staff and Legal Team – In the aftermath of a birth injury, we understand that it can be difficult focusing on the logistics of a lawsuit. This is why we aim to make the entire process easier for you. From your initial consultation through trial, our caring team will provide dedicated service every step of the way.
Demanding Maximum Compensation for Injured Children and Families
In New York, financial compensation for birth injury lawsuits is designed to make you “whole” again. This includes compensating you for both economic and non-economic losses.
Damages are divided into two categories:
- Special Damages – Compensation for special damages includes any out-of-pocket expenses that the negligence caused. This may include hospital bills, ongoing medical care, lost wages, and more. If your child’s birth injury will require long-term care, like rehabilitation, home nursing, or other specialized service related to their condition, these costs can also be covered. Compensation may also cover lost wages or loss of future earning capacity.
- General Damages – General damages are all non-economic losses, such as pain and suffering, emotional distress, and other psychological suffering. The injured infant and the child’s parents may be entitled to recover for these losses. If there were birth complications caused by negligence that resulted in the mother’s death, surviving children may also be entitled to compensation for the value of parental nurturing and related care.
NY Statute of Limitations on Birth Injury Cases
When filing a birth injury lawsuit, it’s important to be aware of the NY statute of limitations. This is the deadline within which cases must be filed.
In New York, birth injury lawsuits must be filed within three years from the date of negligence. If the birth injury caused death, you generally must file a lawsuit within two years from the date of death.
After the statute of limitations has passed, you will not have another opportunity to file a lawsuit. This is why it’s crucial to speak with a birth injury lawyer in NY as soon as you suspect negligence.
If you’d like to take the next step, schedule a free consultation at our New York birth injury law firm by contacting us online or by phone. Our childbirth injury lawyer can guide you through the legal process, determine the accurate deadline for filing, and discuss your potential compensation options.
Common Birth Injuries in New York
Complications during childbirth can cause a wide range of injuries. These are some of the most serious injuries we see when handling NY birth injury cases:
- Brain Damage – Brain damage can result from oxygen deprivation, physical trauma, or untreated infections and other conditions in the pregnant mother.
- Broken Bones & Fractures – When a doctor uses instruments to assist with delivery – such as forceps or a vacuum – and too much force is applied, this can cause physical trauma. While broken bones and fractures typically heal, they can cause complications.
- Cerebral Palsy – Cerebral palsy is a serious, lifelong condition that severely inhibits muscle control and motor skills. Oxygen deprivation and physical trauma during delivery can result in cerebral palsy.
- Delayed C-Section – If a C-section is not performed in a timely manner, this can cause serious harm to an unborn child, resulting in brain damage and other injuries.
- Encephalopathy – Encephalopathy is a term referring to any disease that affects the brain. Neonatal encephalopathy is often caused by oxygen deprivation during delivery or an untreated infection in the pregnant mother.
- Erb’s Palsy – Erb’s palsy is a condition that results in partial or total paralysis of the arm. It’s typically caused by the doctor pulling too hard on the infant during a difficult delivery, usually identified as shoulder dystocia.
- Hypoxic Ischemic Injury – Hypoxic ischemia is a type of brain damage that occurs due to oxygen deprivation. This serious condition requires immediate treatment. Even with timely medical intervention, a hypoxic ischemic injury can cause developmental delays, shortened lifespan, motor skill problems, and more.
- Premature Birth – Conditions that are misdiagnosed and/or untreated in a pregnant mother can cause unexpected premature birth. While many babies born prematurely are healthy, unexpected premature birth may result in cerebral palsy, brain damage, developmental delays, respiratory problems, and even death.
- Stillbirth and Neonatal Death – In worst-case scenarios, complications during childbirth may result in the death of an infant.