Giving birth to your child should be one of the most magical experiences in the world, but this is not always the case. Doctors and other healthcare professionals take actions that have tragic consequences. If you believe that your child was injured during birth and you live in New York, an experiencedNew York birth injury attorney can help you hold the medical providers responsible for injuring your child. At Moshes Law, we have the experience, knowledge, and expertise to help you determine how your child was injured and to fight for your and your child’s legal rights. Contact our experienced team today if you feel that your child was injured during birth or if you have questions about birth injury law.
A birth injury is any injury your child sustains during the birth process because of a doctor or other healthcare professional’s recklessness or negligence. The injury can occur even before the child is born (i.e. during pregnancy) if a medical provider fails to properly treat you and your child with due care. Doctors and other healthcare workers are typically experienced, well-trained, and well-prepared individuals who diligently work to keep you and your child safe. However, some doctors and healthcare providers act recklessly or negligently and cause injuries to babies during the birth process. Sometimes these injuries are as simple as a broken arm, but other times such injuries can result in serious life-long disabilities or even death. Such injuries result from what lawyers call “malpractice,” and those injured have a legal right to be compensated for the healthcare providers’ poor treatment.
There are four basic elements involved in birth injury medical malpractice in New York:
1. A medical provider (nurses, doctors, etc.) or the hospital worked with you during pregnancy or birth and they owed you a duty to care for you and your infant.
2. The medical provider or hospital acted negligently
3. Their negligence injured your child (i.e. caused a birth injury)
4. The birth injury caused you, your family, and/or your child to suffer pain and/or financial loss.
If you or your child experienced such injuries during the birth process in New York, our compassionate team is here to help. We understand the serious heartache you are suffering and we want to fight for you and your child to receive compensation for the pain you have experienced. Our team knows how to provide you with the legal representation you need to successfully win your case.
Determining whether your child was injured during birth and how the injury happened can be complicated. Something as simple as obtaining the medical records from your child’s birth can be time-consuming and hard when hospitals are reluctant to work with you or to disclose their actions. An experienced birth injury law firm knows how to collect the evidence necessary to prove how your child was harmed. Moreover, experienced birth injury lawyers in New York know how to take legal action that can hold well-funded hospitals and doctors in NYC accountable for their incompetence.
Gathering the evidence to prove any case can take a long time and filing a lawsuit can be very complex, especially when medical issues are involved. Medical malpractice suits, like birth injury suits, involve complicated information from various medical disciplines. For example, sometimes it can be difficult to even determine what types of medically related actions may have caused an injury. In court, your filings must demonstrate what action resulted in your child’s birth injury. Without the right experience, someone filing a birth injury lawsuit may waste time figuring out how to properly file such a suit and what the law requires. Similarly, someone without birth injury legal experience may not consider all the possibilities that could help you prove your case.
Once you begin trying to file your suit, the hospital and doctors that harmed your child will most likely fight hard to have your suit dismissed. Without the proper information in your filings, the doctors and the hospital are likely to succeed. Hiring an experienced birth injury law firm will help you ensure that you have the chance to be heard and that you have an opportunity to recover compensation for the injuries your child suffered.
Our team knows how to get settlements and win lawsuits for birth injury cases. We are experienced with handling critical cases that involve birth injuries, and we know how to fight for your rights. We will help you from start to finish with your birth injury suit, and we are familiar with all the issues that typically arise in birth injury lawsuits, such as those listed below.
If you are suspicious that your child was injured during birth, it can feel difficult to know whether you are right. When you have a consultation with our team, we will listen to your concerns and immediately act to determine who or what caused your child’s injuries.
Our team will diligently gather the evidence necessary to prove how your child was harmed, such as the medical records from your pregnancy and during childbirth, witness statements, medical opinions, and other information that can demonstrate how your child was harmed. Our experienced team knows what questions to ask and where to look to find the best evidence for your case.
We know how to properly draft and file birth injury cases so that your child’s harm will be carefully considered by the court. Filing your suit correctly will help ensure that your child’s harms are considered by the court and by those who harmed your child.
We care about you and your child. No child should suffer because of a medical provider’s error. We want to advocate for you and your family so that your voices are heard. We will diligently fight to make the healthcare provider who harmed your child understand their recklessness was unacceptable. This will not only potentially help you, but it may help other families in the future from experiencing similar pain.
Communication is the key to a healthy professional relationship. We will keep you up to date on all the important activities surrounding your lawsuit. We will also take the time to compassionately understand your desires and concerns so that you feel represented throughout the entire process of your birth injury suit.
A wide variety of complications can arise during childbirth. Such complications can lead to birth injuries naturally. Sometimes, however, complications and injuries result from doctors and medical providers misusing medical equipment or techniques, or they result from someone’s carelessness. Birth injuries can include:
In addition to the issues listed above, we also help birth injury victims and their parents with numerous other injuries that may occur during childbirth. Our experienced birth injury lawyers are familiar with the common causes of birth injuries and they know how to gather the proper information to prove how your child was harmed.
While no amount of money can compensate you for the suffering you and your child have endured, our birth injury lawyers want to help you take action against the people who harmed your child. Taking legal action against the doctors and medical providers for their negligence forces them to recognize their wrong and makes them pay you for the way they injured your child. Moreover, this compensation could help you care for your child’s future, including any medical expenses that your child may have because of the injury that occurred at birth. There are two general types of compensation you could receive for your child’s injury(ies): economic and non-economic damages.
Economic damages are the monetary losses you suffered as a result of your child’s injuries. Examples include medical expenses, lost income from caring for your child, and any other out-of-pocket costs you may incur in relation to the birth injury.
Non-economic damages refer to the pain and suffering you and your child experienced as a result of the birth injury. Factors considered in non-economic damages can include emotional and physical pain, the longevity of the problem your child experienced or will continue to experience, and loss of enjoyment for daily activities, and other factors too. In court or through a settlement, our attorneys can help you recover for both the monetary and non-monetary damages you may have as a result of your child’s birth injuries. Our team knows how to properly evaluate your claims to demonstrate the full value of both the economic and non-economic damages you are owed. And, more importantly, we are experienced with winning verdicts for our clients.
Typically, New York City birth injury lawyers work on a contingency fee basis. This means that you do not pay for the expense of filing a lawsuit upfront. Instead, your birth injury attorney in New York will cover costs of litigation and pre-litigation and then they will be reimbursed once you receive a settlement or award.
Most medical malpractice claims in New York must be filed within 2 ½ years of the date the medical provider’s negligence occurred. For birth injury suits, New York laws allow for some special considerations that can extend the deadline to file the suit up to 10 years after a child is born. Determining whether you can still file your suit can be complicated. Experienced birth injury attorneys can help you consider all the relevant factors related to your suit and your ability to file. When you consult with our New York birth injury lawyers, they will discuss all the important details of when and how to file your suit.
More importantly, our attorneys know how to fight doctors and medical providers who will try to get your suit dismissed for various reasons, including the statute of limitations.
There are a variety of common birth injuries that can occur during pregnancy and while a child is being born. According to one source, though, the most common birth injuries are head injuries. Head injuries can occur for various reasons, but sometimes head injuries result from doctors and medical providers failing to carefully deliver and care for your child.
This depends on the type of trauma that occurred. You may be able to sue if the trauma was excessive in comparison to what a reasonable person would expect during pregnancy and the trauma was a result of the doctor or medical provider’s negligence.
The settlement amount is fact-specific, meaning that insurers will examine what types of injuries occurred, how someone’s negligence resulted in an injury, what the cost of the injury may be, how long the person may suffer, and other factors too. An experienced birth injury lawyer will be able to help you consider all the important factors involved in your case and then determine the amount you deserve based on those factors.
Birth injuries can occur for a variety of reasons. Sometimes, a newborn can be injured simply because a doctor did not respond quickly enough to the way the child was turned in the birth canal. Sometimes a birth injury can occur because a doctor or other healthcare professional misuses medical equipment (like forceps, or vacuums). Experienced birth injury lawyers will help you determine whether the injury resulted from a medical professional’s negligence or if it resulted from some natural cause
Experience matters. Compassion matters. You matter. At the Law Offices of Yuriy Moshes, we believe all three are true, and we will fight for you. Our experienced medical malpractice attorneys know how to fight for your rights and how to win the compensation you deserve. Birth injury litigation, like most medical malpractice suits, can be very complex and time-consuming. Our experience and diligence will help us prove your case and ensure that your case receives the attention it deserves. Most importantly, our compassion and concern for you will drive us to fight for you and your child so that you can recover from the pain a birth injury caused your family. Contact us today if you believe your child was injured during birth because of a doctor or other medical provider’s carelessness. When you do, you will find
And, our New York birth injury attorneys will fight for you and your child to receive justice.
When you turn to the Law Office of Yuriy Moshes, P.C., you are not just getting our legal advice, you are also gaining a friend who will fight tirelessly to ensure that your case has a successful outcome. We consider ourselves to be the champions of our client’s rights. Contact us today and let us fight for you.