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New York Personal Injury Attorneys

An Overview of New York Birth Injury Law

March 9, 2021 in

For many couples, there is no greater joy than having a child. But for some, unnecessary and careless errors in care leading up to or during delivery can have severe and lasting consequences on the child and family. New York malpractice law aims to protect mothers and their children from negligent and often irreversible errors by healthcare providers. Here, the birth injury attorneys at Sullivan Papain Block McGrath Coffinas & Cannavo P.C. provide an overview.

 

What are Birth Injuries?

 

Throughout a pregnancy, a woman will undergo several rounds of diagnostic tests, ultrasounds, and medical examinations to ensure that her pregnancy is progressing normally and there are no underlying concerns. This gives healthcare providers insights to make informed decisions leading up to the birth of the child, and to identify health concerns like placental abruption, preeclampsia, and gestational diabetes that pose serious risk of harm to the mother and/or the child during labor and delivery. However, when a doctor or healthcare provider fails to provide proper care, diagnosis or treatment before and during birth, a baby can suffer severe and at times, lifelong injuries such as cerebral palsy, erbs palsy, bone fractures, stillbirth and brain damage.

 

Legal Protection for Mothers and Children

 

New York law and medical standards of care serve to protect mothers and children against harm.  The medical community establishes the standards and duty of care that doctors, hospitals and other healthcare providers are expected to uphold throughout pregnancy, during labor or after birth.  This includes the duty for medical professionals to monitor the health of both the mother and the baby from a patients’ first medical visit, and recognize and treat risk factors that can result in complications during labor and delivery.

 

When doctors fail to diagnose and/or treat conditions that eventually lead to injury or death, they can be held responsible. When mistakes during delivery cause severe injury to mother or child, medical providers and the hospital can be held liable for malpractice, negligence or wrongful death if they acted or failed to act as any other competent medical professional would under the same conditions.

 

Pursuing Compensation for Birth Injuries in New York

 

The consequences of medical error or negligence during birth are severe. Families are left not only emotionally devastated, but to face years or even a lifetime of costly treatment, care and suffering. For this reason, New York law provides that medical professionals and hospitals can be held liable to pay compensation to the victims of birth injuries. Compensation for birth injury can include coverage for medical expenses, pain and suffering, loss of future earning capacity and other financial or non-financial losses.

 

To seek compensation for a birth injury in New York, a skilled team of birth injury attorneys will need to prove that the medical professionals involved acted, or failed to act, in a way that aligned with accepted medical practices. Lawyers must also be able to show that the mistake, error or failure to act during delivery directly caused the injuries sustained.

 

The statute of limitations –or time you have to file a birth injury claim–varies in New York depending on whether the injured person is the parent or the infant. As such, it is essential that you seek professional consultation for your or your child’s injuries, quickly after they occur or symptoms appear.

 

Seek the Representation Your Family Deserves

 

The lives of families who experience trauma or loss as a result of an unnecessary error or medical mistake are forever changed. If you or your child is a victim of a preventable birth injury, you deserve the support of an experienced team who will seek justice on your behalf. Our experienced team can help you receive the compensation you deserve, just like we have helped so many families before yours. Contact our New York Offices today to request a free consultation by calling (212)-732-9000 or filling out a form today.

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Our fee is on a contingency basis. If we don’t recover money for you, we will never charge you. If you are unable to come to any of our offices, we are happy to visit you at home or in the hospital.

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