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New York Birth Injury Lawyer

When something goes wrong during labor and your baby suffers harm, it’s important to understand your legal options. A New York birth injury lawyer can help you fight for the justice you and your child deserve.

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Birth Injuries Can Affect the Mother and Child

Of the various birth injuries an infant might sustain during labor and deliver, the more common injuries tend to include:

  • Cerebral Palsy: CP is a group of motor disabilities caused by physical damage to the brain or a lack of oxygen. It’s characterized by physical disabilities such as mobility problems, uncontrollable movements, and poor balance.
  • Spinal cord trauma: Spinal injuries can be caused by a doctor improperly positioning an infant during delivery.
  • Asphyxia: Asphyxia occurs when the baby is unable to breathe for some time. The lack of oxygen can lead to severe brain damage and other physical and mental disabilities.
  • Brachial plexus injuries: These injuries, such as Erb’s Palsy, arise when inappropriate traction is used to deliver an infant after its shoulder gets stuck behind the mother’s pelvic bone during delivery.

The mother can also suffer birth injuries with lasting complications, including:

  • Placental abruption: This condition occurs when the placenta separates from the inner wall of the uterus before birth, causing heavy bleeding and depriving the baby of nutrients and oxygen.
  • Gestational diabetes: This condition is a form of high blood sugar that specifically affects pregnant women. If the doctor does not provide the medication needed to treat gestational diabetes, it can endanger mom and baby.
  • Preeclampsia: This condition refers to high blood pressure during pregnancy. It can lead to kidney damage and other problems, especially if a doctor does not prescribe proper medication.
  • Delayed delivery: If the doctor fails to induce labor or deliver the baby when medically necessary, it can cause numerous problems and injuries while giving birth.
  • Improper Cesarean section: When a medical professional fails to perform a C-section on time or makes mistakes during the procedure, it can lead to bleeding and internal organ damage, as well as a lifetime of medical issues for the baby.

How long after a birth injury can you sue in New York?

In New York, birth injury claims fall under the state’s medical malpractice laws. The time limit to file a lawsuit for medical malpractice in New York is 2.5 years generally, but there are circumstances that can extend the statute of limitations to as long as 10 years.

There are many other factors that can impact the length of time you have to file a birth injury lawsuit, making the time limit shorter or longer. For this reason, it’s important to speak with a birth injury lawyer as soon as possible to know your rights, your eligibility to recover compensation for your losses, and the statute of limitations for birth injury.

How much is my birth injury claim worth?

If you or your child suffered a birth injury, you might be entitled to compensation. In New York, this compensation includes economic, non-economic, and punitive damages.

Economic Damages

These damages are the tangible monetary losses that result from the incident. They include:

  • Past, current, and future medical bills (doctor visits, surgeries, hospital stays, and prescription medications)
  • Lost wages and lost earning capacity
  • Rehabilitative services
  • At-home nursing care
  • Other out-of-pocket expenses

Non-Economic Damages

Non-economic damages refer to the personal losses that occur following an accident.

These losses can be more challenging to quantify, but they often include:

  • Pain and suffering
  • Mental anguish
  • Loss of enjoyment of life
  • Disfigurement and scarring

Punitive Damages

Unlike the other damages that compensate the victim for their losses, punitive damages punish the defendant for their actions and deter others from committing similar acts in the future. However, for a court to award these damages, the victim’s lawyer must show that the defendant consciously and deliberately disregarded the plaintiff’s interests.

It’s also important to note that New York does not have any damage caps on medical malpractice claims. However, state regulations under New York’s Civil Practice Laws & Rules Article 14-A reduce any compensation the plaintiff may receive by the percentage they are found at fault for the injury.

What is New York’s indemnity fund for birth injury damages?

New York’s indemnity fund for birth injuries covers healthcare costs of qualified infants in specific New York medical malpractice claims. Specifically, infants who suffered neurological damage from a mechanical injury or oxygen deprivation are eligible. This fund does not cover compensation for injuries that resulted outside the delivery room.

Any individual in a court-approved settlement or in a judgment found to have suffered a birth-related neurological injury because of medical malpractice or alleged medical malpractice can enroll in the fund.

However, it’s important to note that the fund actually limits your ability to recover future medical expenses should your child’s needs change throughout their lifetime due to their injury. Therefore, it’s recommended that you speak with a knowledgeable birth injury attorney for a thorough evaluation of your case before enrolling in the fund.

How do I prove my NY birth injury case?

To prove a birth injury case in New York, the plaintiff’s lawyer must show that the patient was harmed by a doctor who failed to perform their medical duties competently, leading to injury and monetary damages.

Generally, to prove these elements of medical malpractice, an attorney will need to bring in experts such as doctors and other specialists who can examine medical records and determine whether the doctor failed to meet the accepted medical standard of care.

How can the New York birth injury lawyers at Levin & Perconti help with my lawsuit?

At Levin & Perconti, our team of attorneys are nationally recognized for their birth injury work and have experience litigating complex cases. Since our founding, we have recovered nearly a billion dollars in settlements and verdicts on behalf of our clients. We are proud to fight for our clients’ rights and are committed to helping them achieve justice.

Some of our recent birth injury verdicts and settlements include:

  • $20 million verdict for a child who suffered a brain injury due to the negligence of nurses and residents during labor
  • $16 million settlement for a child who suffered a brain injury due to negligent nursing and medical care during labor and cesarean section.
  • $14 million verdict for a child who suffered a brain injury due to lack of oxygen during birth
  • $11.5 million settlement for a child with hypoxic-ischemic brain injury

If you or your child suffered a birth injury as a result of medical malpractice, reach out to our birth injury lawyers as soon as possible to discuss your options.

Do not wait any longer. Contact Levin & Perconti today for a free case consultation.

About Our Birth Injury Lawyers

Dov Apfel and Seth Cardeli are two of the leading birth injury attorneys in the nation. They have litigated cases throughout the United States and at the federal level, and are passionate advocates for the families they represent. Dov Apfel is nationally known for his high level of medical knowledge, and acts as a resource for attorneys, judges, and healthcare providers throughout the country. He has been practicing in the field of birth injury for over 40 years and was the recipient of the Dan Cullan Memorial Lifetime Achievement Award presented by the AAJ Birth Injury Trauma Litigation Group in 2011. Apfel and Cardeli have presented at dozens of educational events and written for numerous publications. In 2020, they secured one of the top five highest medical malpractice settlements in the nation.