If your baby suffered a birth injury due to medical malpractice, you and your child may be entitled to pursue compensation. A personal injury lawyer from Friedman & Simon, L.L.P., can help you fight for compensation and provide you with the highest level of legal services on Long Island or in a surrounding area.
We offer free consultations to help you learn more about your legal options and the services we can provide you as our client. We handle all cases on a contingency fee basis, which means we do not collect any attorney’s fees unless and until you obtain compensation.
In This Article
- How a Lawyer From Friedman & Simon, L.L.P., Can Help with Your Birth Injury Case
- Recoverable Compensation in Your Birth Injury Case
- Act Quickly or Risk Recovering Nothing
- Birth Injury Cases We Handle
- See how a Birth Injury Lawyer on Long Island Can Help
How a Lawyer From Friedman & Simon, L.L.P., Can Help with Your Birth Injury Case
The birth of a child is supposed to be the best day in a parent’s life. Unfortunately, this is not always the case when a medical professional makes a mistake that injures you or your baby. A birth injury attorney from Friedman and Simon, L.L.P., can help you seek justice for your baby and hold the doctor liable for malpractice. Our Long Island legal team will:
Keep You Updated on Your Case
Your personal injury lawyer in Long Island will keep you up to date on your case and answer any questions you may have. Case updates may include:
- Notices we send out to the liable party or parties
- Motions that are granted in your case
- Messages or settlement offers you receive
- New information that might add to your case or bring an obstacle
- Hearing dates
Identify Liable Parties
Depending on your case, the medical professional liable for your baby’s birth injury may be:
- A doctor
- A nurse
- An emergency medical technician
- A pharmacist
- The hospital, facility, or clinic where the malpractice took place
- Any other professional who provided you with medical care
In some cases, any combination of the above may be liable. Our legal team will identify all liable parties and determine how their negligence caused or contributed to your or your baby’s injury.
Communicate with Parties Involved in Your Case
Throughout your case, the liable party’s insurer or legal representative may reach out to you for statements or other information. Rather than put your case at risk, you can refer these parties to our legal team to speak on your behalf. We will provide catered statements that protect your case and relay other information we receive from interested parties.
Whether you have any evidence already, our team will conduct a separate investigation into your accident to retrieve supporting evidence. Our legal team will gather evidence that helps establish how the medical malpractice occurred and the impact it had on your life.
Evidence may include:
- Medical bills and records
- Pictures of your injuries
- Witness statements
- The medical provider’s history (this may include complaints or legal action)
- Expert witness testimony
Obtain Testimony From Expert Witnesses
Expert witness testimony is necessary to establish how the medical provider deviated from good and accepted medical practice. An expert witness can also testify about how the injuries will affect you or your baby over time.
On your behalf, our team will gather opinions from expert witnesses, such as:
- Vocational rehabilitation specialists
- Lifecare planners
Also, with medical malpractice cases, we will need to obtain a certificate of merit, which requires us to consult a medical expert who can vouch that there is a reasonable basis to commence a lawsuit on your behalf. In addition to establishing a foundation of merit for the case, we will need a medical expert to testify that your medical care provider failed to abide by standards that their peers would accept in the same field and that this failure was the cause of your injuries.
Prove the Medical Provider was Negligent
Our team will establish how the doctor in your case departed from good and accepted medical practice. Examples of a departure might include:
- Improperly using medical tools, such as forceps
- Misusing a vacuum extractor
- Applying too much pressure to extract the baby
- Failing to anticipate or remedy birth complications
- Failure to identify signs of fetal distress
- Failing to order a cesarean section when needed
Estimate the Value of Your Case
A member of our team can estimate the compensation you deserve based on your specific expenses and losses. To do this, our team will divide your losses into economic and non-economic losses, which are your financial and non-financial damages, respectively. We discuss compensable damages in the next section.
For a parent, a birth injury can be exceptionally difficult to handle. There are many challenges to navigate, all while adjusting to life as a new parent of an injured child. Let our team handle the legal process for you. Call Friedman & Simon, L.L.P., today to learn more about how we can help you through this difficult time.
For a free legal consultation with a Birth Injury lawyer serving Long Island, call 516-932-0400
Recoverable Compensation in Your Birth Injury Case
If the medical provider acted negligently and caused your baby to suffer injuries, we will fight for the following compensable damages if they apply to your case:
You may be eligible for compensation for any bills related to your or your child’s injury. These expenses might include costs for:
- Medical care necessary to treat the injury
- Medical equipment, such as wheelchairs, devices, and household accommodations
- Ongoing or long-term care
- Prescription medications
- Rehabilitation and physical therapy
Physical and Emotional Pain and Suffering
You may qualify for compensation for both your and your baby’s physical and emotional pain and suffering stemming from medical negligence.
Within this category can exist other non-economic damages, such as:
- Permanent disability
- Emotional distress
- Physical disfigurement
- Mental anguish
- Psychological trauma
Impaired Quality of Life
A traumatic event such as a birth injury can drastically decrease your quality of life and that of your child. You may be eligible for damages to compensate you for your diminished quality of life if your child’s injury:
- Prevents them from engaging in hobbies and activities
- Limits their cognitive and/or physical abilities
- Puts strain on social relationships with others
- Requires accommodations to meet their physical, mental, and emotional needs
We will help you fight for compensation for the wages you lost if you needed to take time off work or retire completely to care for your child. We will also help you fight for:
- Work benefits you lost if you had to quit your job to care for your child
- Future income loss you may experience
- Difference in salary if you had to forgo better job opportunities or promotions due to having to take care of your child
If a mother or baby died during childbirth, we extend to you our heartfelt condolences. If such a tragic event was the result of a birth injury, we will fight to recover compensation through a wrongful death action. Depending on your relationship to the decedent (the deceased individual), you may be able to collect compensation on their behalf.
We will review your case to determine which compensable damages you may be entitled to. Wrongful death damages include:
- Funeral expenses
- Loss of consortium (the special damages one experiences when a spouse is lost.)
- Loss of parental guidance
- Loss of companionship
- Loss of society
- Pain and suffering
- Loss of financial support
Long Island Birth Injury Lawyer Near Me 516-932-0400
Act Quickly or Risk Recovering Nothing
You have a limited time to file a malpractice claim. If you fail to act within the allowable time frame, you may be unable to recover the compensation you deserve. Legal deadlines that apply to medical malpractice cases can be found in:
Speak with an injury lawyer from our legal team to determine whether you might have a claim for compensation.
Birth Injury Cases We Handle
We can help you with any case in which a medical provider’s negligence caused you or your child to suffer an injury during pregnancy or labor. Some of the most common birth injury cases we accept involve:
- Shoulder dystocia
- Brain damage
- Cerebral palsy
- Erb’s palsy
- Bell’s palsy
- Spinal cord injuries
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See how a Birth Injury Lawyer on Long Island Can Help
If your child suffered an injury during birth, do not wait any longer. You may have the right to recover compensation. Get a free case evaluation from a member of the Friedman & Simon, L.L.P., legal team today. We can meet you anywhere on Long Island or elsewhere in the New York metropolitan area.
Call to review the details of your birth injury case while there is still time. Our birth injury team can handle your case in English, Spanish, Greek, Bengali, Tamil, or Kannada.