New York Birth Injury Lawyer

Quick Answer

Birth injuries are often caused by preventable medical mistakes during childbirth. These errors may be considered medical negligence. New York birth injury lawyers help affected families take legal action to win financial compensation to pay for treatment. See if you can work with a New York birth injury attorney right now.

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Working With a New York Birth Injury Lawyer

Birth injury lawyers are a subset of personal injury attorneys. These lawyers can help families that have been affected by preventable birth injuries pursue legal action to pay for their child’s medical care.

Your New York birth injury lawyer will:

  1. File your medical malpractice claim
  2. Collect detailed evidence including medical records
  3. Strengthen your claim with resources including medical experts
  4. Work to secure legal compensation you can use towards medical expenses

Treatment costs for children with birth injuries may include surgery, medication, adaptive equipment, mobility aids, several types of therapy, and more.

We have helped families near you.

Our partner law firms can work with families in the following New York areas:

  • Albany
  • Binghamton
  • Brentwood
  • Buffalo
  • Cheektowaga
  • Hornell
  • Mount Vernon
  • New Rochelle
  • New York City
  • Rochester
  • Saratoga Springs
  • Schenectady
  • Syracuse
  • Utica
  • Westbury
  • White Plains
  • Yonkers
  • And more

If your child suffered from a birth injury and you believe it was preventable, you may be eligible for compensation. Get a free case review to see if you can work with a New York birth injury lawyer now.

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Do you suspect your child’s birth injury was caused by medical malpractice?

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Birth Injuries and Medical Negligence

Medical negligence occurs when doctors, nurses, or other medical professionals make careless mistakes during the birthing process. These mistakes can lead to birth injuries and lifelong complications that require ongoing medical treatment.

The estimated lifetime cost to care for a child diagnosed with cerebral palsy is around $1 million, according to the Centers for Disease Control and Prevention (CDC).

Instances that may be considered medical negligence during childbirth include:

  • Failure to perform a timely C-section (cesarean section)
  • Failure to treat or detect fetal distress
  • Failure to treat or detect oxygen deprivation or hypoxia
  • Improper use of forceps or vacuum extractor
  • Use of force while pulling on a child’s arms, head, neck, or shoulders while the child is exiting the birth canal

If you suspect your child’s injury was caused by medical negligence, you may be able to file a lawsuit against the health care providers that delivered your child. Working with a New York birth injury lawyer can help your family file a lawsuit and win compensation.

Types of Cases New York Birth Injury Attorneys Handle

New York birth injury lawyers help families file a medical malpractice lawsuit against the individuals that delivered their child. These common birth injuries can vary in severity and type.

Attorneys work with families harmed by several types of birth injuries including:

  • Brain damage
  • Caput succedaneum
  • Cerebral palsy
  • Cervical dystonia
  • C-section injuries
  • Erb’s palsy and other brachial plexus injuries
  • Forceps delivery injuries
  • Infant torticollis
  • Intrauterine fetal demise
  • Kernicterus
  • Klumpke’s palsy
  • Maternal infections
  • Meconium aspiration syndrome (MAS)
  • Newborn cephalohematoma
  • Newborn jaundice
  • Vacuum extraction injuries

You may be eligible for financial compensation if your child suffered from a preventable birth injury. Get a free case review to learn if you can file a medical malpractice lawsuit.

Free Legal Case Review

Do you suspect your child’s birth injury was caused by medical malpractice?

Get a Free Case Review

Notable Birth Injury Settlements in New York

Most birth injury medical malpractice cases are resolved either through a settlement or a trial verdict.

Settlements involve paying out a lump sum of money to the family to pay for the child’s medical expenses. A settlement will conclude the lawsuit process.

If a settlement cannot be agreed upon, the case will go to trial where a judge or jury will decide if the doctors and/or hospital is at fault for the child’s injury. Most birth injury cases will settle out of court since trials can be time-consuming and risky. A family may get no compensation if they lose a trial.

Settlement amounts can vary based on the facts of your specific case, including the type of injury, the severity of the injury, estimated lifetime treatment costs, the state in which the injury occurred, and more.

Notable New York settlements and verdicts include:

  • $48 million verdict for a brain injury, cerebral palsy, and eye injury case
  • $18 million verdict for an Erb’s palsy case
  • $8.7 million settlement for a cerebral palsy case
  • $6 million settlement for a brain injury resulting in quadriplegia
  • $4.7 million settlement for a cerebral palsy case
  • $1.75 million settlement for a brain injury case

When to File Your Lawsuit in New York

If you want to file a birth injury lawsuit, contact a lawyer as soon as possible to make sure your case is filed in time. The statute of limitations places a time limit on how long you have to file your birth injury lawsuit.

Most states require you to file a personal injury lawsuit within a few years of the child’s birth, but cases involving minors can vary.

NY Statute of Limitations for Birth InjuriesNY Statute of Limitations for Infant Wrongful Death
Within 10 years of incident2 years

It is vital to file your lawsuit within your state’s statute of limitations, or you will lose your right to sue and collect financial compensation forever.

New York birth injury attorneys keep track of the statutes in the state and can make sure your case is filed before time runs out. Contact a legal team for a free consultation even if you think the deadline has passed, as exceptions may apply in your case.

Get Help From a New York Birth Injury Attorney Today

Doctors, nurses, and other medical professionals are trained to safely deliver babies and handle emergency birthing situations properly. If they fail to keep your child safe, it may be considered medical negligence.

Medical negligence can result in permanent birth injuries, resulting in years of treatment and suffering. You should not have to pay for medical bills if your child’s birth injury could have been prevented.

If you live in New York and believe medical negligence caused your child’s birth injury, see if you can take legal action. New York birth injury lawyers can help your family win life-changing financial compensation.

Get a free case review today to see if you can work with a New York birth injury attorney.

New York Birth Injury Lawyer FAQs

What is the statute of limitations in New York?

In most cases in New York, you must file a medical malpractice birth injury claim before your child’s 10th birthday. The statute of limitations for wrongful death in New York is 2 years.

An experienced New York birth injury attorney can help determine your eligibility and ensure your lawsuit is filed within the statute of limitations.

How much do New York birth injury lawyers cost?

The best New York birth injury lawyers should come at no cost to you. Top birth injury lawyers work on a contingency fee basis, meaning they do not collect any upfront costs and only collect fees if you win your lawsuit.

How do I know if my child’s birth injury was caused by medical negligence?

The best and only way to know if your child’s injury was caused by medical negligence is to contact a New York birth injury attorney. A lawyer will have the resources, experience, and expertise to prove your child’s injury was preventable.

Get a free case review today to learn if your child’s injury was caused by medical negligence.

Birth Injury Support Team

The Birth Injury Justice Center was founded in 2003 by a team of legal professionals to educate and empower victims and families affected by birth injuries. Our team is devoted to providing you with the best resources and legal information for all types of birth injuries.

View 10 Sources
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  2. Boeschen, C. (2011, October 10). Birth-Related medical malpractice. Retrieved August 2, 2021, from https://www.nolo.com/legal-encyclopedia/birth-related-medical-malpractice-30150.html
  3. Bostwick, H. (2014, July 03). What are statutes of limitations? Retrieved August 02, 2021, from https://www.legalzoom.com/articles/what-are-statutes-of-limitations
  4. Data and statistics for cerebral palsy. (2020, December 31). Retrieved August 2, 2021, from https://www.cdc.gov/ncbddd/cp/data.html
  5. Ranum, D. (2019, March 20). Study of malpractice claims involving children. Retrieved August 2, 2021, from https://www.thedoctors.com/articles/study-of-malpractice-claims-involving-children/
  6. Statutes of limitation - find an attorney. (2019, November 14). Retrieved August 17, 2021, from https://www.nycbar.org/get-legal-help/article/personal-injury-and-accidents/statutes-limitation/
  7. Top 100 Personal Injury Settlements in New York in 2019. (n.d.). Retrieved August 17, 2021, from https://topverdict.com/lists/2019/new-york/top-100-personal-injury-settlements
  8. Top 100 Personal Injury Verdicts in New York in 2018. (n.d.). Retrieved August 17, 2021, from https://topverdict.com/lists/2018/new-york/100-personal-injury
  9. Top 100 Personal Injury Verdicts in New York in 2019. (n.d.). Retrieved August 17, 2021, from https://topverdict.com/lists/2019/new-york/top-100-personal-injury-verdicts
  10. What is malpractice? (n.d.). Retrieved August 2, 2021, from https://www.abpla.org/what-is-malpractice
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