Compassionate, Effective Brooklyn Birth Injury Lawyers
At Friedman Sanchez, LLP, we understand the profound impact a birth injury can have on a family. Since our founding in 1993, our trial lawyers have been dedicated to advocating for those affected by medical negligence.
We have a proven track record of securing favorable verdicts and settlements for our clients. Our centrally located Brooklyn office allows us to serve families throughout New York City and Long Island with dedication and care.
If you believe your child’s birth injury was due to medical malpractice, please contact us. You can call our office at 929-367-4330 or use our online contact form to set up a free consultation. Hablamos español.
We handle all medical malpractice cases on a contingent-fee basis. This means you owe no legal fees unless we obtain compensation for you.
Common Types Of Birth Injuries
Birth injuries can vary widely in both type and severity. Cerebral palsy, for example, is commonly (although not always) the result of a birth injury and affects movement and muscle tone. It can lead to lifelong physical and cognitive challenges.
Erb’s palsy involves injury to the brachial plexus nerves, often causing weakness or paralysis in the arm.
Forceps injuries occur when these instruments are used improperly during delivery, potentially leading to physical trauma or nerve damage.
Hypoxic ischemic encephalopathy (HIE) is a serious condition caused by insufficient oxygen to the brain, leading to developmental delays or disabilities. Some birth injuries also affect the mother, such as excessive bleeding or surgical complications.
It is important to note that not every negative outcome is due to malpractice; medical negligence can sometimes be the cause. Our birth injury lawyers are committed to helping you determine if negligence played a role and guiding you through the legal process.
Fighting For The Money Needed To Provide A Lifetime Of Medical Care
The consequences of birth injuries can be life-altering and financially burdensome. Medical expenses often encompass immediate hospital care, ongoing therapy, rehabilitation and specialized equipment. Long-term care may be necessary, including in-home nursing support or special education services.
Families might also face lost wages if a parent must reduce work hours or leave a job to provide care. The emotional and psychological impact on the family can be profound, necessitating counseling or support services. A birth injury lawsuit aims to secure compensation for these expenses, ensuring that your child receives the necessary care and support.
Our legal team is dedicated to fighting for the financial resources you need to provide for your child’s future and alleviate some of the burdens on your family.
Frequently Asked Questions About Birth Injury Claims
As birth injury lawyers, we hear many questions from our clients. Here are answers to some common ones.
What does a lawyer have to prove in a birth injury lawsuit?
In a birth injury lawsuit, the attorney must establish several key elements to prove medical negligence. First, it must be demonstrated that a duty of care exists between the health care provider and the patient. This means showing that the provider was responsible for delivering medical care to the mother and child.
Next, the lawyer must prove that the health care provider breached this duty by failing to meet the accepted standard of care. This involves comparing the provider’s actions to those of a competent professional under similar circumstances.
Once a breach is established, it is crucial to show that this negligence directly caused the birth injury. This requires a clear connection between the provider’s actions and the harm suffered by the child.
Finally, the attorney must demonstrate the extent of damages, including physical, emotional and financial impacts on the family. By proving these elements, our birth injury lawyers can build a strong case for compensation.
Who can be sued for a birth injury caused by medical malpractice?
In cases of birth injuries caused by medical malpractice, several parties may be held liable. Potential defendants often include doctors who were responsible for prenatal care or delivery, as their decisions and actions are crucial during these stages. Nurses and other medical staff involved in the birth process may also be accountable if their negligence contributed to the injury.
Additionally, the hospital or health care facility where the birth occurred can be sued if systemic issues, such as inadequate staffing or poor protocols, play a role. Each case is unique, and it is important to conduct a thorough investigation to identify all parties responsible for the malpractice.
Our birth injury lawyers will meticulously review the medical records, consult with medical experts and analyze the circumstances to ensure all liable parties are held accountable.
What is the statute of limitations for a birth injury lawsuit in New York?
In New York, the statute of limitations for a birth injury claim is generally two and a half years from the date the child (or mother) was injured. However, there are important exceptions and considerations to be aware of.
For example, if the injury was not immediately apparent, the statute of limitations might begin from the date the injury was discovered or should have been discovered. Additionally, if the injured party is a minor, the time frame for filing a lawsuit may be extended. It is essential to act promptly, as delays can affect the ability to pursue legal action.
Consulting with an experienced attorney as soon as possible ensures that your case is evaluated within the applicable time limits and that all necessary steps are taken to preserve your right to seek compensation.
Contact Our Compassionate Legal Team Now
We invite you to contact Friedman Sanchez, LLP, to discuss your case. Call us at 929-367-4330 or use our online contact form to arrange a free consultation. We are here to help your family move forward.