Best Birth Injury Lawyers in New York

About Birth Injury Law in New York, United States

Birth injury refers to any harm or injury that occurs to a newborn during the labor and delivery process. This can include physical injuries, brain damage, or other medical conditions that may have been preventable. In New York, parents have the right to seek legal recourse if their child has suffered a birth injury due to medical negligence or malpractice.

Why You May Need a Lawyer

It is essential to seek legal help if you suspect that your child has suffered a birth injury. A lawyer experienced in birth injury cases can help investigate the circumstances surrounding the injury, determine liability, and ensure that you receive the compensation you deserve. Common situations where you may need a lawyer include misdiagnosis, delayed treatment, surgical errors, or any other form of medical negligence during childbirth.

Local Laws Overview

In New York, the statute of limitations for filing a birth injury lawsuit is generally two and a half years from the date of the injury. However, exceptions may apply based on the circumstances of the case. New York also follows the principle of comparative negligence, which means that the damages awarded in a birth injury case may be reduced based on the percentage of fault attributed to the parents or the healthcare provider.

Frequently Asked Questions

1. What are common causes of birth injuries?

Common causes of birth injuries include improper use of forceps or vacuum extractors, failure to monitor fetal distress, delayed C-section, and medication errors during labor.

2. How do I know if my child has suffered a birth injury?

Signs of a birth injury may include seizures, difficulty breathing, limpness, and lack of responsiveness. It is essential to seek medical attention and consult with a lawyer if you suspect a birth injury.

3. How long do I have to file a birth injury lawsuit in New York?

In New York, the statute of limitations for filing a birth injury lawsuit is generally two and a half years from the date of the injury. However, exceptions may apply based on the circumstances of the case.

4. What compensation can I receive in a birth injury case?

Compensation in a birth injury case may include medical expenses, future medical care, pain and suffering, and lost wages due to caring for the injured child.

5. How can a lawyer help with my birth injury case?

A lawyer experienced in birth injury cases can help investigate the circumstances of the injury, gather evidence, negotiate with insurance companies, and represent you in court if necessary.

6. Can I afford a birth injury lawyer?

Many birth injury lawyers work on a contingency fee basis, meaning they only get paid if you win your case. This makes legal representation more affordable for families seeking justice for their child's injury.

7. What should I do if I suspect medical negligence caused my child's birth injury?

If you suspect medical negligence caused your child's birth injury, it is crucial to seek legal advice as soon as possible. A lawyer can help you understand your rights and options for pursuing a case against the responsible healthcare provider.

8. Can I still file a birth injury lawsuit if my child's injury was diagnosed years after birth?

Yes, you may still be able to file a birth injury lawsuit in New York even if the injury was diagnosed years after birth. It is essential to consult with a lawyer to determine the best course of action based on the circumstances of your case.

9. What evidence is needed to prove medical negligence in a birth injury case?

To prove medical negligence in a birth injury case, you may need medical records, expert testimony, eyewitness accounts, and other forms of evidence that demonstrate a breach of the standard of care during childbirth.

10. How can I find a reliable birth injury lawyer in New York?

You can start by asking for recommendations from trusted sources, researching online, and scheduling consultations with potential lawyers to discuss your case. Look for a lawyer with experience in birth injury cases and a track record of successful outcomes for their clients.

Additional Resources

For additional resources and information on birth injury law in New York, you can contact the New York State Bar Association, the New York State Department of Health, or organizations such as Birth Injury Justice Center.

Next Steps

If you believe your child has suffered a birth injury due to medical negligence in New York, it is essential to seek legal advice promptly. Contact a qualified birth injury lawyer to discuss your case, understand your rights, and explore options for seeking justice and compensation for your child's injury.