New York Fatal Birth Injury
Legally defined, a wrongful death occurs when someone suffers a fatal injury due to the negligence, lack of action, or careless action of another person, group or company. At Stephen Bilkis & Associates, PLLC, our New York Birth Injury Lawyer staff has filed numerous wrongful death claims in order to hold the party responsible for their actions. When a wrongful death case involves a newborn, the case can become more complex and necessary to gain the help of our experienced New York Birth Injury Death Lawyer team.
In New York, wrongful death is defined in New York Estates, Powers and Trust Code Part 4 which states that the following criteria must be present in order to have a legal claim:
- There must be a death
- Caused by the wrongful conduct of the defendant
- This conduct gave rise to the cause of action that the deceased could have pursued
- Someone survived and can bring the suit
- There are damages that the estate can recover.
During a difficult delivery, many complications may suddenly occur. It is up to the Ob/Gyn or attending doctor to make sure that the mother and child are properly treated to prevent complications. However, a doctor error or a hospital mistake can cause tragic consequences. If you experienced a difficult delivery due to the negligence of your doctor, you may be able to file an obstetrical malpractice claim. Contact our experienced New York fatal Birth Injury Lawyer team to discuss your legal options and possible medical malpractice case.
In a wrongful death case, the negligent healthcare provider can be held financially responsible for their substandard medical care, whether intentional or unintentional. Under New York law, the physician is legally responsible for all their actions within a healthcare setting In New York, NY EPT Law section 5-4.3 sets forth the amount of allowable recovery for wrongful death which includes:
- Medical expenses
- Lost wages between the injury and time of death
- Value of support and services provided to the family
- Value of parental nurturing care and guidance to surviving children
- Funeral and burial expenses
- 9% interest on damage award
- Lost inheritance suffered by surviving children.
Some prenatal fatal injuries are caused by a spinal injury during delivery or due to a brain injury. Labor and delivery can cause an anoxic brain injury, which occurs due to a lack of oxygen. An anoxic brain injury can result from excessive labor drugs, wrong medication, blood loss, or an unexpected drop in blood pressure. The injury can cause a baby to suffer from cerebral palsy, physical disability and impairment, mental retardation or a wrongful death. This is just one example of how a birth injury can result in tragic consequences. Also note however that in New York, the in order to have a wrongful death claim the child must have perished during or after childbirth. Endresz v. Friedberg 24 N.Y. 2d 478 New York City Court of Appeals stated that New York does not handle wrongful death claims when the child perishes prior to birth.
If you have lost a child due to a birth injury, contact our New York Injury Lawyer team to schedule a free consultation regarding the circumstances surrounding your baby’s wrongful death. Under New York statutes (NY EPT Law 5-4.3), the family has a limited time frame in order to file a wrongful death lawsuit against the healthcare provider, which is generally 2 years. The statute states in part:
“1. The personal representative, duly appointed in this state or any other jurisdiction, of a decedent who is survived by distributees may maintain an action to recover damages for a wrongful act, neglect or default which caused the decedent’s death against a person who would have been liable to the decedent by reason of such wrongful conduct if death had not ensued. Such an action must be commenced within two years after the decedent’s death;… When the distributees do not participate in the administration of the decedent’s estate under a will appointing an executor who refuses to bring such action, the distributees are entitled to have an administrator appointed to prosecute the action for their benefit.”
Contact experienced New York Birth Injury Death Lawyer staff at Stephen Bilkis & Associates, PLLC. Please call us at 800.696.9529 FREE, online or contact one of our New York City offices in Manhattan, Staten Island, Queens, the Bronx or Brooklyn, our New York office in Westchester County or one of our Long Island offices in Nassau County or Suffolk County.