The birth of a child is supposed to be one of the best moments of your life. But even a minor medical mistake can quickly turn childbirth into a devastating experience. Negligence that occurs before, during, or immediately after delivery may have long-term consequences for the baby, including cerebral palsy and brain damage. Mothers can also suffer serious harm due to negligence during the birthing process. However, you are not alone – a birth injury attorney can help.
If you or your child was harmed due to complications caused by medical negligence in labor and delivery, you may be entitled to financial compensation. For over 35 years, the medical malpractice lawyers at Finz & Finz, P.C. in New York, have helped families just like yours secure the compensation they deserve. While financial compensation can’t undo a traumatic birth complication, it can help offset the losses your family has endured.
Some of our recent victories for NY birth injury lawsuits include:
$4,200,000 settlement for a pregnant mother who suffered a stroke due to negligence during delivery.
$1,375,000 settlement against a doctor who failed to deliver a child by C-section in a timely manner, resulting in neurological injury to the infant and eventually, death.
$1,200,000 settlement for an infant born prematurely requiring prolonged hospitalization and surgery as a result of a doctor’s failure to closely monitor the pregnancy.
$2,252,000 settlement for an infant where the doctor failed to perform a C-section, which resulted in mild cognitive delays.
To learn more, contact our office and schedule a free consultation with a New York birth injury attorney. We serve families throughout NYC and the surrounding area, including Manhattan, Brooklyn, Queens, the Bronx, Nassau County, Long Island, and Mineola.
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 and birth injury 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, a birth injury attorney 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 from medical malpractice claims 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 sufferings. 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 the 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 attorney 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 our birth injury attorneys 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.
Birth Injuries to the Mother
Complications during childbirth don’t just affect the baby. Mothers are also at risk of injury. When negligence occurs during those crucial moments of labor and delivery, mothers can be seriously harmed.
Some of the most common injuries suffered by mothers during labor and delivery include:
Doctors have a duty to monitor any signs of distress in the mother during delivery, including hemorrhaging. When excessive blood loss during delivery is not treated in time, this can cause permanent harm or even death.
Seizures during delivery are often caused by preeclampsia, which is a condition characterized by high blood pressure.
When doctors fail to order proper prenatal tests or neglect to inform parents that their child will have serious birth defects, parents can file a birth injury lawsuit on the basis of wrongful birth.
While some complications during childbirth are completely unavoidable, doctors still have a duty to provide safe, timely medical care. Negligent conduct by a doctor, including failure to monitor the mother’s condition, can result in wrongful death.
Talk to a New York Birth Injury Lawyer Now
At Finz & Finz, P.C., we understand how devastating a birth injury can be. Your family may be coping with a significant loss, and meanwhile, your medical bills and other expenses just keep growing. Our birth injury law firm has helped families just like yours move on in the wake of a traumatic birth injury.
When you’re ready to take the first step, schedule a free consultation with our New York birth injury lawyers by calling us or contacting us online. Our caring legal team can address any questions or concerns you may have, and explain your potential compensation options.
With offices conveniently located in New York, we serve Manhattan, Brooklyn, Queens, the Bronx, Nassau County, Long Island, Mineola, and other areas surrounding NYC.
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