Birth Injury Lawyer in New York
Bringing a child into the world is a beautiful thing, but it's also dangerous. There's a lot that can go wrong. Birth injuries can be devastating, and making it worse is when it was preventable. When a birth injury occurs in New York, the parent (or the child) can bring a medical malpractice claim to demand damages. Any monetary award can never take the place of a healthy child, but it can help with the costs and the subsequent stress that follows.
At The Schlemmer Firm, our birth injury lawyer in New York is committed to helping families file solid birth injury lawsuits to demand justice. Contact us at (212) 390-8030 to schedule a Free Consultation.
What are Birth Injuries?
A birth injury typically involves damage or harm suffered by an infant or a mother prior to, during, or shortly after giving birth. Birth injuries vary significantly in terms of severity, with some birth injuries being minor and others being potentially life threatening.
The most common types of birth injuries include:
- Brain damage
- Spinal cord injuries
- Cerebral palsy
- Erb's palsy
- Jaundice
- Broken bones
- Uterine rupture or inversion
- Nerve injuries
It is important to understand the difference between birth injuries and birth defects. Birth injuries often result from medical negligence or a medical mistake, whereas birth defects generally result from a person's genetic makeup or from medications.
Proving a Birth Injury Liability in New York
Proving liability for a birth injury is essential to obtain compensation for any damages. Liability generally means showing that a medical professional or hospital's negligence caused the birth injury.
A birth injury claim commonly requires several elements to prove liability. First, there must be a doctor/patient relationship between the harmed individual and the negligent doctor. Next, there must be proof of the doctor's breach of the medical standard of care, which is measured based on a doctor with similar experience and education acting under similar circumstances. Finally, there must be a causal link between the doctor's breach of the medical standard of care and the injured person's birth injury and damages.
Although birth injuries can be significant and terrifying, not all birth injuries result from medical negligence or result in a lawsuit. For example, some birth injuries are unpreventable or caused by mistakes that do not reach the level of negligence.
Compensation for Birth Injuries in New York
The amount and types of compensation available to an individual in a birth injury case vary greatly based on the specific circumstances of the case. With that being said, the common types of damages awarded in a birth injury case include economic damages and non-economic damages.
Economic damages include the monetary amounts that an injured party pays as a result of the birth injury sustained from a doctor's negligence. Some of the common forms of economic damages include:
- Past and future medical expenses
- Costs for life support and ongoing care
- Costs for therapies
- Special education coverage
- Lost wages
On the other hand, non-economic damages commonly relate to losses from the pain, suffering, and emotional trauma experienced after birth injury. Non-economic damages are typically more difficult to calculate due to the lack of documentation and hard evidence.
Do You Need a Birth Injury Attorney in New York?
Birth injury cases are generally difficult to win without an attorney. In fact, it can be difficult for a person unfamiliar with the legal system to properly file a birth injury case without the assistance of a knowledgeable attorney. For instance, there are several state laws and court rules that must be followed to simply get a case started and ensure that you do not lose the legal right to pursue compensation for a birth injury.
At The Schlemmer Firm, our medical malpractice lawyer in New York handles birth injury cases. We have the necessary knowledge and resources to perform an investigation and obtain the medical experts needed to prove a breach of the medical standard of care. Call (212) 390-8030 today, or simply fill out our online contact form to schedule a Free Consultation.