New York City Birth Injury Attorney
You are not alone in your fight for justice after a birth injury impacts you or your loved ones. Hiring a birth injury attorney can help you navigate the legal system in New York.
How Can a NYC Birth Injury Attorney Help You?
Your lawyer can stand by your side during insurance settlement negotiations and make sure no one takes advantage of you. Your lawyer can also take your birth injury claim to court if necessary for fair financial recovery for the pain and suffering endured and associated medical expenses. A birth injury lawyer with experience can help you and your family in many ways during this difficult time.
- Requesting all the relevant medical records, reports and diagnostic studies needed to evaluate the medical treatment rendered and the extent of the injuries suffered.
- Determining the defendant. You do not have to know who caused your child’s injuries. A law firm with specially trained and experienced attorneys can review your case and figure out who was involved and how the injuries occurred. Your attorney can then name the correct defendant or defendants. The defendant in your case could be an obstetrician, delivery nurse, surgeon, hospital or birthing center.
- Preserving and collecting evidence. A birth injury lawyer can take care of the process of gathering evidence and presenting it to a judge or a jury. Your attorney can collect evidence such as photographs, eyewitness statements, and testimony from medical experts to support your birth injury claim.
- Filing your birth injury claim. Generally, New York law provides that a parent’s loss of services claim arising from medical negligence against a private party typically must be started within 2-1/2 years of the act of negligence. When medical malpractice is committed upon a person under the age of eighteen (18) years, New York law further provides a time extension for “infants” that allows lawsuits for personal injury arising from the claimed malpractice to be commenced within 10 years of the date of medical negligence or within 2-1/2 years after the “infant” reaches the age of eighteen (18) years, whichever is earlier.The time limitations in a case against a federal, state, city, town or other public hospital/health care facility is generally much shorter and may require the service of a notice of claim within a prescribed period of time before starting the lawsuit.Your attorney can make sure you meet these deadlines and include all the required information and documentation with your claim.
- Fighting for your child’s rights. Finally, your attorney can stand by your side while you fight to defend your child’s rights. A lawyer will not be afraid to go up against hospitals and major insurance companies in pursuit of justice and fair compensation. Your lawyer can handle negotiations or a personal injury trial while you focus on healing.
A birth injury lawyer can answer your questions and discuss your child’s future in detail. An attorney from Sullivan Papain Block McGrath & Cannavo P.C. will treat your family with respect and compassion. Our attorneys understand how devastating a birth injury can be, and have the knowledge and experience to bring the responsible parties to justice. We treat each client like we would our own family members. If you are not sure whether you need an attorney’s help, contact us and request a consultation. You can find out how we can assist you at no cost or obligation.
5 Possible Reasons Your Child Is Not Meeting Milestones
A birth injury could contribute to a child not meeting important milestones, such as sitting up or crawling. An undiagnosed birth injury or related neurological condition could be the hidden reason your child is missing milestones or experiencing developmental delays.. Unfortunately, medical malpractice could cause a range of problems that can get in the way of normal child development.
- Cerebral palsy. Cerebral palsy is the most common motor function disability in childhood. It is a lifelong neurological condition that can impact how a child walks, talks, eats, and communicates. Although most cases do not arise because of trauma, birth injuries that affect the brain’s development could cause cerebral palsy, including lack of oxygen to the brain.
- Erb’s palsy. Erb’s palsy is a type of brachial plexus injury, or injury to the bundle of nerves in the shoulder. A brachial plexus injury can cause weakness, pain, or paralysis in the affected arm, hand, and fingers. Erb’s palsy could contribute to your child missing physical milestones such as grasping items or crawling.
- Hypoxic encephalopathy. Brain hypoxia can occur if something cuts off the brain’s supply of oxygen. Fetal oxygen deprivation can cause numerous health problems and development delays. Hypoxic encephalopathy can cause gross and fine motor skill disabilities, cognitive problems, and epilepsy. Many children with this condition require long-term care.
- Bone fractures. A negligent physician may cause a bone fracture in an infant through improper use of birth-assisting tools, such as forceps or vacuums. Malpractice such as yanking on the baby’s limbs or dropping the infant could also cause fractures. A broken bone can cause developmental delays through the inability to properly move the limb.
- Spinal cord injuries. A birth injury involving the spinal cord may cause permanent paralysis and loss of sensation in the body. It typically takes a major traumatic event to cause a serious spine injury, such as a nurse dropping the infant. An undiagnosed spinal cord injury could be why your child is missing milestones.
Medical malpractice may be the cause for why your child is experiencing developmental delays in rolling over, sitting up, crawling, walking, or talking. It is important to go to a doctor for a diagnosis as soon as you notice any of these symptoms in your child. Then, contact an attorney. Our birth injury lawyers can help you fight for compensation from the at-fault party, to help pay for your child’s treatments, rehabilitation sessions, therapies, or special education.
Birth Injury Lawsuit Information to Know
Pursuing compensation for your child’s birth injury takes a substantial level of insight into the state’s justice system. Filing a medical malpractice claim on behalf of your child comes with strict deadlines and claim requirements. First is the statute of limitations. This is the deadline by which you must bring your claim, or else risk the courts refusing to hear your case. Most parents have two and a half years from the date the malpractice occurred to file a birth injury lawsuit.
A special statute of limitations applies to cases involving minor children. Instead of having 30 months from the date of the alleged malpractice, when medical malpractice is committed upon a person under the age of eighteen (18) years, New York law further provides a time extension for “infants” that allows lawsuits for personal injury arising from the claimed malpractice to be commenced within 10 years of the date of medical negligence or within 2-1/2 years after the “infant” reaches the age of eighteen (18) years, whichever is earlier. The time limitations in a case against a federal, state, city, town or other public hospital/health care facility is generally much shorter and may require the service of a notice of claim within a prescribed period of time before starting the lawsuit.
Finally, you or your lawyer must file a Certificate of merit along with your birth injury lawsuit in New York. This document establishes the merit of your medical malpractice claim. It will state that a physician has reviewed the facts of your case and agrees you have a reasonable basis for the lawsuit.