Medical mistakes during labor and delivery can leave you and your newborn with serious injuries. A Uniondale birth injury lawyer could help you hold healthcare providers accountable and secure the compensation you need to cover increased medical expenses and other losses caused by the injury. Our experienced medical malpractice attorneys are ready to support your claim.
Common birth injuries include brain damage, spinal cord injuries, and bone fractures. Some injuries heal relatively quickly, but others can cause ongoing disabilities and can cause ongoing disabilities and require additional medical care throughout your child’s life. However, complications or injuries during birth do not automatically mean you have a legal case. To file a birth injury lawsuit, the doctor must have caused the injury by failing to provide the mother and child with the proper standard of care. The court will evaluate the doctor’s actions and treatment plan compared to what other doctors in the same specialty, with comparable training, would have done.
Your birth injury attorney in Uniondale will need to consult with a licensed physician about your case at the start of the legal process. The physician’s assessment must support the lawyer’s belief that you have a valid reason to file a lawsuit. Documentation of this consultation is called a certificate of merit. Ideally, your lawyer will file this certificate with the initial lawsuit. However, the certificate of merit can also be filed later, as long as it is within 90 days of the original filing date.
Birth injury lawsuits must be filed within New York’s statute of limitations for medical malpractice cases, which is two years and six months from the date of the injury. If the medical error occurred during a set course of treatment, the two-and-a-half-year period starts at the end of the treatment. For example, if a mistake during pregnancy resulted in complications during labor, the statute of limitations would start on the date of the child’s birth, rather than the date the mistake was made. Extensions to the statute of limitations for injuries discovered later are limited in New York and typically do not apply to birth injury cases.
After a birth injury, you may be entitled to both economic and non-economic damages. Economic damages cover both immediate and ongoing costs, including medical expenses your child may require throughout their lifetime, such as medical devices and skilled in-home care. Non-economic damages provide compensation for the emotional and psychological suffering caused by the birth injury, including trauma and distress. A lawyer in Uniondale could help you pursue full compensation for all losses resulting from a birth injury.
A birth injury can be a traumatic and overwhelming experience. Duffy and Duffy is here to help you achieve the best outcome possible.
Contact us today for a free consultation. Our Uniondale birth injury lawyers are ready to fight for you.
No. Our injury cases are handled on a contingent retainer. You pay nothing upfront, and we recover attorney’s fees only if your litigation is successful. We don’t bill by the hour. You don’t need to worry about running up a large attorney’s bill before you see any recovery for your injuries.
Yes. Our firm is dedicated to creating a strong relationship with our clients, beginning with keeping your information and consultation confidential.
Each case we encounter is carefully screened and evidence scrutinized to make sure the claim is meritorious and may be successful at trial. We will perform an investigation, and then our partners make a final decision on whether to take on a case.