New York Medical Malpractice Birth Injury
Each year thousands of newborns suffer from a birth-related injury. Often, this injury is a result of sudden and unexpected circumstances. The consequences of this injury can be overwhelming to new parents and cause life-long problems for the infant.
At Stephen Bilkis & Associates, PLLC, our New York Birth Injury Lawyer team has the experience necessary to properly investigate the circumstances surrounding this traumatic injury. In some birth injury cases, the baby may be suffering an injury due to the negligent actions of an OB-GYN physician, nurse, or other healthcare provider. Because New York If this situation sounds familiar, we may be able to help you file a medical malpractice claim against the careless healthcare provider.
Our experienced New York Birth Injury Medical Malpractice Lawyer staff can help you file a medical malpractice claim in order to obtain an award of damages. An award of damages is money used to compensate the victim (and the victim’s family) for medical bills and expenses, prescription medicine expenses, rehabilitation, loss of earning capacity, physical impairment, physical disfigurement and for pain and suffering. This list is not comprehensive, so contact our New York Birth Injury Lawyer staff to discuss further legal options.
A birth injury medical malpractice claim is complex. A medical malpractice claim can involve a doctor’s error, such as a doctor failing to provide timely and appropriate care or a nursing mistakes, such as a nurse failing to document a high-risk pregnancy. In many cases of birth injury, the mistake and error could have been prevented. A birth injury can also occur due to oxygen deprivation, lack of appropriate medical monitoring, incomplete medical testing or due to the wrong medication. With any birth injury case, our lawyers will hire medical experts to review the infant’s medical records and help determine who is at fault for the baby’s injury.
Because New York is considered a comparative negligence state, malpractice by a healthcare provider will be weighed against any potential misconduct of the plaintiff. If for example, a woman had a difficult delivery, which resulted in a birth injury. While the doctor did not perform to their standard of care, the plaintiff went against medical advice, came to the hospital too late, or in some way contributed to the medical problem. Under New York Civil Practice L&R Section 1411, the plaintiff’s damages can be reduced by their own liability, but they will not be barred completely from recovery.
Medical malpractice claims in New York are governed by NY CPLR 1411 (2012). In order to have a malpractice claim, it must be proven that the doctor or healthcare provider acted, or failed to act, exercising the appropriate duty of care under the circumstances. There must be four elements present:
- There was a duty owed. Where a medical professional failed to act reasonably and professionally under the circumstances.
- The duty was breached. This means that the doctor fell short from fulfilling his obligation to the patient.
- There is causation. The doctor’s breach of duty contributed to the injury.
- There are measurable damages as a result. The patient must have suffered specific harm as a result of the doctor’s actions.
If you are dealing with the effects of a birth injury or your child has suffered a birth injury, contact our New York Injury Lawyer team or our experienced New York Medical Malpractice Lawyer staff as well as our New York Injury Lawyers at Stephen Bilkis & Associates, PLLC to discuss taking action against the reckless healthcare provider.
If you have a claim, it is important to act promptly. In New York, there is a specific time within which you must file a claim. Failure to file within this time frame will forfeit your claim altogether. The statute of limitations is set forth in New York Practice Law and Rules section 214a. The general rule is that the malpractice action must be filed within 2 ½ years starting from the date of the injury. There are several exceptions and variations to this rule, and it also varies state by state. Consult with our team to ensure that your legal rights are protected.
Please call us at 800.696.9529, 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.