Birth Injury Attorney in New York

In New York, the statute of limitations for a birth injury lawsuit is calculated differently for an adult medical malpractice claim. Typically, an adult filing would have up to 2 years and six months to sue for damages arising from medical malpractice; when a medical malpractice lawsuit is brought for a minor child, New York will extend the timeline.

Under New York Civil Practice Law & Rules (CPLR) section 208, if you are entitled to file a medical malpractice lawsuit, the law requires you to bring the suit before the given deadline. If you are filing after the disability ceases or are filing on behalf of someone who has passed from their disability, the filing time will be extended to three years after the end of disability or the person under disability has passed.

CPLR 208 makes an exception for those filing a birth injury claim. If your child has suffered an injury during birth, parents must file the injury lawsuit before the child is ten. In the event the injury is discovered sometime after the birth, a parent may have up to 10 years to bring the birth injury from the time the birth injury is discovered.

Filing a medical malpractice claim in New York comes with strict deadlines and claim requirements. If you believe you or your child has suffered from birth injuries, we may be able to help you file a claim. For more information, contact a birth injury attorney today.

Birth injuries also referred to as birth traumas, are physical injuries that occur during the delivery process. Birth injuries typically occur due to a multitude of reasons, including fetal health issues, maternal health issues, or external conditions such as medical malpractice or medical negligence. In some cases, people may confuse congenital disabilities, also known as birth defects, with birthing injuries. However similar a congenital disability and injury may seem, the main difference between the two conditions is how they develop.

According to the CDC, congenital disabilities typically develop within the first three months of pregnancy due to factors such as maternal health conditions, smoking, alcohol, or drug use, while a birth injury occurs during the labor and delivery process. If you believe your child has suffered a birth injury, we may be able to help you. Learn more about your birth injury claim today by connecting with a New York birth injury attorney.

During your labor and delivery, your doctor and medical team should be trained to follow specific procedures to ensure you or your child are safe from harm during the delivery process. However, oftentimes, medical professionals lack the proper skills or miscommunicate with you or their team and will drop the ball during delivery. Any injuries you and your child may suffer during birth may be linked to any of the following negligent actions. 

• Failure to provide an accurate due date.
• Failure to perform a necessary cesarean section (C-section).
• Misuse delivery instruments such as forceps or vacuum extractors.
• Mismanagement of recognized complications such as fetal distress.
• Inadequate maternal monitoring during labor.
• Oxygen deprivation due to delayed action.

While certain birth injuries cannot be avoided as they are the result of maternal or infant risk factors such as prolonged labor, maternal obesity, and cephalopelvic disproportion, you still have the right to fight for justice when your doctor fails to inform you of the risks. For more information about the cause of your child's birth injuries, consult with a medical professional, then contact an attorney.

During your labor and delivery, due to miscommunication or lack of proper care from your medical team, you and your child may suffer from severe or even life-threatening injuries. Some birth injuries you or your child may experience include, but are not limited to, the following:

Brachial plexus injury: The brachial plexus involves five nerves that run along the neck, chest, and armpit, which control the shoulders, arms, and hands. During delivery, if the brachial plexus nerves are stretched, pulled, or torn, it could result in weakness or lead to immobility.

Cerebral palsy: A congenital disorder of movement, muscle tone, or posture that may develop should the medical staff mismanage the umbilical cord, placenta, or uterine rupture during delivery.

Forceps or vacuum injuries: During delivery, your doctor may opt to use forceps or a vacuum to assist with the delivery. In some cases, forceps can leave temporary marks or bruises on the infant's face and head. The use of a vacuum to extract the infant may cause bruising or cause lacerations on the scalp.

Hypoxic Ischemic Encephalopathy (HIE): HIE refers to brain dysfunction due to a lack of blood flow or oxygen. HIE may lead to developmental delays, cerebral palsy, epilepsy, or other cognitive injuries.

If your child has suffered from any of the injuries listed above, you may be eligible to file a birth injury claim. For more information connect with a Morgan & Morgan birth injury attorney today.

Determining whether the cause of your birth injury was a result of malpractice is not always a straightforward process. During labor and delivery, your medical team, while trained to handle a wide range of situations that may arise, sometimes actions or a lack of actions may fall through the cracks. In some cases, any injuries you or your child may have sustained during labor and delivery may not be obvious for months or even years later. 

The best way to determine if your or your child's birth injuries were sustained due to medical malpractice would be to consult with a pediatrician and a birth injury attorney as soon as possible. Waiting too long after your delivery to contact an attorney may result in foggy memories, misplaced documents, and other issues that could weaken your claim.

If your child has suffered an injury during their delivery, you may be entitled to financial compensation. The best way to know if your child's injury claim may qualify for a birth injury lawsuit is to contact a birth injury attorney. Speaking with an experienced birth injury attorney will give you a better understanding of your case and what you may be eligible to recover for your damages. To learn more about your birth injury claim, connect with Morgan & Morgan today by completing our free, no-obligation case evaluation form.

When worrying about coming home with a newborn, you should never have to wonder if they have suffered an injury during birth. However, each year, roughly 30,000 babies are born with some form of injury due to medical malpractice in the United States. If you suspect a medical error or negligence is the cause of your or your child's birth injuries, do not wait to connect with an attorney. For more information on how a Morgan & Morgan New York birth injury attorney may be able to help your case, contact us today by completing our free, no-obligation case evaluation form.

Working with a legal professional will significantly increase your chances of recovering the compensation you and your loved ones deserve after your child has suffered an injury at birth. At Morgan & Morgan, our law firm has over 35 years of experience handling birth injury claims, and we want to help you, too. When you decide to work with one of our birth injury attorneys, they will thoroughly examine your case and determine whether your doctor and medical team took the proper care during delivery. 

Their research will help determine the amount you may be owed for your damages and if your case is a good fit for the law firm. To learn more about how a Morgan & Morgan birth injury attorney can help you complete our free, no-obligation case evaluation form today.

When working with a Morgan & Morgan birth injury attorney, you will always be able to afford our legal services. At Morgan & Morgan, we believe everyone should have access to quality legal representation regardless of their financial status, which is why our attorneys work on what is known as a "contingency." Under our contingency fee arrangement, our clients will not pay any upfront fees. Instead, we'll only collect a percentage of the court verdict or settlement if we win your case. If our attorneys prove unsuccessful, you will not be charged for their time.

To learn more about the contingency fee, do not hesitate to contact a Morgan & Morgan birth injury attorney today. See why thousands have trusted us to handle their birth injury claims.