Bronx Birth Injury Attorneys
The birth of a baby brings joy and happiness. Most people never consider that something could go wrong during childbirth. When birth complications occur, the child may sustain severe birth injuries. An experienced Bronx birth injury lawyer from the law firm of Meirowitz & Wasserberg will fight for your family.
Complications during childbirth may occur naturally and not involve any error on the part of medical professionals. However, in some cases, birth injuries are caused by medical errors, generally by doctors, obstetricians, or nurses. Medical errors are often the result of negligence.
Medical costs can reach hundreds of thousands of dollars. In many cases, children who have suffered from birth complications may require a lifetime of care. Families whose children suffered an injury at birth due to negligence can — and should — seek compensation.
Our personal injury lawyers in The Bronx have the experience and resources to build your case and hold negligent medical professionals accountable.
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Our Experienced Lawyers Will Fight For The Compensation You Deserve
Parents shoulder a tremendous burden when coping with the pain and suffering associated with a birth injury. Our skilled birth injury lawyers in The Bronx offer support by handling the legal details associated with filing a lawsuit.
The first step is to evaluate your specific case to determine the type of birth injury that occurred and whether the injury was caused by an error on the part of medical professionals. If we determine that your child’s injury is due to medical error, our medical malpractice lawyers will establish a case to prove medical malpractice and represent you to seek fair compensation.
Our attorneys are familiar with the Medical Indemnity Fund for Neurologically Impaired Newborns. This fund was established in 2011 to provide coverage for current and future medical expenses associated with newborn birth injuries. In addition to this fund, parents may have the right to sue medical professionals if their child suffered a birth injury due to medical error.
Working with an experienced birth injury attorney in the Bronx will provide you with the opportunity to benefit from professional representation. We will work with you through each step of the process, including negotiating a settlement and even representing you in court if necessary.
Common Types of Birth Injuries
A birth injury refers to any type of developmental or physical damage sustained by an infant due to the trauma of birth.
Stanford’s Children’s Health indicates that common birth injuries include:
- Fractures
- Facial paralysis
- Caput succedaneum
- Bruising from forceps
- Brachial palsy
Our team of birth injury lawyers in the Bronx is dedicated to representing children injured as a result of birth injuries and assisting their families in obtaining the financial compensation necessary to cover current and future needs.
How Do Birth Injuries Happen?
It is only natural for families to wonder how birth injuries occur. Children may experience an injury at birth or even prior to birth due to the negligence of medical personnel.
Birth injuries range in severity. Whereas some children may recover quickly following a birth injury, others may face a lifetime of suffering and necessary medical care.
Our Bronx birth injury lawyers work with medical experts and others with expertise in physical and vocational therapy to ascertain the full value of your birth injury claim. While insurance companies may attempt to convince families to settle for less than they deserve, we will work on your behalf to ensure your family receives everything to which you are entitled.
Determining Liability for Your Child's Birth Injuries
Following a birth injury, parents may naturally wonder who is liable for their child’s injury. It is important to understand that some injuries are not avoidable, and therefore, no one is liable. This is usually the case in situations in which it is not possible for a reasonable person to foresee that the injury would occur.
In other situations, birth injuries are due to a mistake made by the physician or medical facility. When birth injuries result from negligence, the party responsible or that person’s employer may be liable for the injury. Thus, the doctor, practitioner, medical facility, or hospital would be held accountable.
How to Determine Whether a Birth Injury Was Due to Malpractice
Even in situations in which a parent may suspect their child experienced an injury as a result of medical practice, it is often impossible to prove it without the help of an attorney.
At Meirowitz & Wasserberg, we understand precisely what evidence is necessary for a successful claim. This evidence may include electronic fetal monitoring records, diagnostic test results, records related to the infant’s delivery, physician notes, and records associated with child delivery instruments and tools.
Birth Injury Lawsuit Statute of Limitations
It is important for parents who consider filing a birth injury claim to be aware that there is a statute of limitations regarding birth injuries in New York. A statute of limitations is the time limit during which the plaintiff can file a claim for compensation.
The statute of limitations for filing such claims in New York is two years and six months. This time frame begins on the date the injury occurred or on the date of discovery of the injury. If the injury was fatal, parents have only two years to file a claim for wrongful death.
In terms of birth injury cases, the statute of limitations is critical to a parent’s ability to obtain compensation for damages incurred. If parents fail to file a claim within the allowable time frame, it is entirely possible that they will lose the right compensation.
Time is of the essence, so parents of children who sustained a birth injury must consult an experienced birth injury lawyer in the Bronx as quickly as possible.
Available Compensation for Birth Injury Claims in The Bronx, NY
Parents of children who experienced injuries during pregnancy, labor, or even during delivery as a result of medical negligence may be eligible to recover compensation.
It is important to note that birth injury medical malpractice claims are quite complex. This is particularly true in New York, where plaintiffs must provide a document known as a certificate of merit verifying that the claim is viable.
Unlike other states, there is no cap for damages in New York. Consequently, medical malpractice victims in New York may recover compensation for medical expenses that include:
- Long-term medical treatment
- Present and future medical expenses
- Physical therapy
- Diagnostic testing
- Medication
- Lost future income (present and future)
Non-economic compensation includes damages for pain and suffering.
FAQs
How do I know if my child has a birth injury?
If your child was born with a disability or injury that was unexpected based on prenatal care, a birth injury may have occurred. Your child’s pediatrician is a good resource for diagnosing birth injuries.
How do I know if my child’s birth injury resulted from negligence?
Once you have determined that your child has suffered an injury at birth, you may naturally question why it occurred. If you believe that medical professionals may have been responsible for your child’s injuries, consult a medical expert for a professional opinion.
If you believe that your infant has suffered a birth injury because of the action or inaction of a medical professional, contact our Bronx birth injury lawyers at (347) 507-5513 for your free consultation.
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