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There may be no other time when qualified medical care is more crucial than during the birth of a newborn child. Unfortunately, the birth injury lawyers at Duffy & Duffy regularly become aware of negligent actions that result in serious injuries due to complications during birth. Our legal team protects the rights of patients by filing a Long Island birth injury lawsuit.
Birth injuries can result from any number of causes, including improper techniques, the failure to perform emergency medical procedures, or the failure to monitor. As with any medical negligence case including birth injury lawsuits, a victim bringing a birth injury claim must first show that the delivering physician acted in a way that deviated from the accepted standards of medical treatment in his or her specialty and location. It must then be shown that the deviation caused the harm suffered by the infant and that actual damages were incurred as a result.
In order to prove these essential factors, it is necessary to retain a specialist as a witness who will testify about the standards of medical treatment and how the physician’s actions led to the baby’s injuries. Expert testimony is one of the most important aspects of filing a birth injury claim in Long Island, and it can make or break the case. The medical malpractice lawyers at Duffy & Duffy are skilled in selecting witnesses to present your case in a persuasive manner.
Under the laws of New York, there may be several separate claims filed after a birth injury. An infant has the right to bring a cause of action through a guardian against a physician for negligent medical treatment. Likewise, if the mother is injured during childbirth or a related procedure, she may have a separate birth injury lawsuit claim against the health care provider. In addition, in the event of a miscarriage or stillbirth that results from medical malpractice, a mother may also bring legal proceedings even if she has not suffered physical harm. In these types of cases, she may seek damages for emotional distress.
Generally, you must assert a claim of medical malpractice within two and a half years from the date of the alleged negligence. However, there are special considerations with child’s birth injury cases because they involve injuries to infants. New York laws allow an extension of time in which to bring a claim, extending up to 10 years after the date of birth.
However, another complicating factor is that birth injuries may not be apparent for some time after labor and delivery. In fact, some conditions may not be recognizable until a child is several years old. In these cases, the limitations period may be extended further.
It is common for a medical provider to argue that a claim related to birth injuries has not been brought in a timely manner. These time limits, known as statutes of limitations, can completely bar recovery if a New York court determines that an action has not been brought within the appropriate period. To prevent dismissal of your claims, you should speak with a qualified attorney as soon as you suspect that medical negligence may have harmed your child or you.
If you or someone you love has experienced heartbreak resulting from harm to a baby or its mother, you may have a birth injury lawsuit for damages against the medical professionals responsible. The lawyers at Duffy & Duffy provide compassionate representation for residents of Long Island and nearby communities. To speak with one of our attorneys and begin filing a Long Island birth injury lawsuit, contact us online, or call (516) 469-3746 for a complementary case evaluation.
After years of serving New York–including the Bronx, Queens and Nassau, Suffolk and Kings Counties–, we are confident our injury lawyers can assist you with your claim. We are well respected by our clients, who appreciate not only the outcomes we’ve provided but also the care in which we resolved their cases. As you can see from our successful settlements, we offer excellent results, though the outcome varies depending on the case. Regardless of your case details, you can rest assured our Long Island car accident attorneys will always fight for you as you seek compensation to pay for medical bills, vehicle repairs and more. You deserve to be made whole again after your accident, and Duffy & Duffy is here to help.
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.
