When the childbirth process results in injury to either the mother or child, either or both individuals may be eligible to receive compensation from the at-fault party.
If you or your child suffered injury as you were giving birth, a Mineola birth injury lawyer at Friedman & Simon, L.L.P. can represent you in a claim or legal action to recover the damages you deserve.
In This Article
- Types of Birth Injury Cases We Accept
- Consequences of Birth Injuries in Mineola
- What You Can Expect from Our Client-Centric Mineola Birth Injury Law Firm
- Establishing Liability in Your Mineola Birth Injury Medical Malpractice Case
- Determining the Recoverable Damages from Your Mineola Birth Injury Case
- Wrongful Death Action
- Limited Time to Take Legal Action for a Mineola Birth Injury
- We Will Represent Your Family at No Upfront or Out-of-Pocket Expense
- Friedman & Simon, L.L.P. Will Fight for Your Right to Compensation
Types of Birth Injury Cases We Accept
Medical malpractice occurs in every field of medicine. When it strikes during the childbirth process, the injury and emotional devastation can be particularly debilitating. Birth injuries come in many forms. Some of the possible complications you or your child may have experienced during your Mineola birth injury include the following:
- Bone fractures
- Spinal cord injury
- Shoulder dystocia
- Brain damage
- Cerebral palsy
- Bell’s palsy
- Erb’s palsy
- Brain injuries caused by oxygen deprivation (hypoxia/anoxia)
Medical malpractice during childbirth can also yield a broad range of associated disabilities, including seizures, behavioral problems, deficits in executive function, neurological challenges, and cognitive or developmental impairment.
For a free legal consultation with a birth injury lawyer serving Mineola, call 516-932-0400
Consequences of Birth Injuries in Mineola
The consequences of the above injuries and complications can reach into the lives of the mother, child, and family. When a nurse, obstetrician, or other practitioner’s negligence causes a birth injury, it could require the following:
- Physical therapy
- Speech therapy
- Accessibility modifications at home
- Occupational therapy
- Assistive care
- Corrective surgeries
Understandably, the need to deliver the above forms of care, which can amount to work around the clock, places a significant financial and emotional strain on family members. To administer the above-required treatments, at least one parent may be forced to quit their job. To cover the expenses of the required treatments, the other parent might have to work overtime, take out loans, and borrow from relatives—any of which imposes an additional emotional strain on the family.
If the family decides to hold the negligent medical party liable for these costs, they may be able to avoid these drastic actions and their corresponding consequences. Learn more about how a Mineola birth injury lawyer from Friedman & Simon, L.L.P. can help by calling (516) 932-0400 today.
Your Birth Injury Case Requires a Certificate of Merit
Your Mineola birth injury case is a type of medical malpractice case. As such, New York Civil Practice Laws & Rules § 3012-a requires you to file a Certificate of Merit along with your birth injury case. In essence, this document attests to the validity of your case.
It must state that our legal team has reviewed your case and consulted with at least one licensed medical professional who is familiar with the medical details of your case and agrees that it has merit.
Similar to the state’s statute of limitations, the filing of your Certificate of Merit has its own expiration date. Our familiarity with New York law means we understand and comply with all applicable time restraints.
Mineola Birth Injury Lawyer Near Me 516-932-0400
What You Can Expect from Our Client-Centric Mineola Birth Injury Law Firm
Our Mineola birth injury lawyers are committed to putting you at ease as we work on recovering the compensation you, your baby, and your family deserves. Your peace of mind is as important to our team as your family’s financial recovery.
To this end, we provide full-coverage legal representation, including a commitment to all the following deliverables:
We will keep you apprised of the status of your case with proactive communications regarding benchmarks, milestones, challenges, and solutions.
Establishment of Liability
We will identify the at-fault parties in your birth injury case (there could be several) and prove how their negligence caused the birth injury, making the parties liable for your damages.
Communication with All Parties
We will engage in all necessary communication with every party related to your case: witnesses, insurance companies, lawyers, and judges. This relieves you of stress and frees you up to focus on your physical recovery.
Investigation of Your Case
We will launch an investigation of the medical care you received during the childbirth process—from your first visit with an obstetrician to the final moments of your delivery. We will use the evidence we gather to support your claim and your case.
Calculating the Value of Your Case
We will document every damage you have sustained, as well as those that you and your child will face in the future as the result of their birth injury. We will present this amount to insurers and/or possibly a jury to recover the compensation you deserve.
Establishing Liability in Your Mineola Birth Injury Medical Malpractice Case
Your right to financial recovery begins by proving the at-fault health care provider or facility was negligent in treating you or your baby or both during labor and delivery. The law requires that the plaintiff in a medical malpractice case establish four arguments to be true:
- You had a doctor-patient relationship with the medical party you are suing.
- The medical party demonstrated negligence during the childbirth process by behaving in a way that a competent physician, in the same circumstances, would not have acted. The plaintiff must prove that the doctor did not meet the appropriate medical standard of care.
- The medical party’s negligence “more likely than not” caused your injury.
- The injury you suffered resulted in specific damages.
The evidence from our investigation—medical records, practitioner history, witness statements, and facility history—will support these arguments, as will the professional opinions we obtain from medical experts. A medical malpractice lawyer can present these and other aspects of your case vigorously and effectively.
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Determining the Recoverable Damages from Your Mineola Birth Injury Case
Birth injuries can generate a great deal of damage, from costly treatments to emotional suffering. Our legal team will document all the costs—physical, emotional, and economic—to arrive at a value for your case.
The types of recoverable damages included in the demand we make to the liable parties’ insurers may include the following:
- Doctors’ and surgeons’ fees
- Hospital stays and expenses
- Medical devices
- Lab or imaging work
- In-home/residential care
- Physical therapy
- Home accessibility modifications
- Lost wages
- Lost benefits
- Emotional trauma
- Pain and suffering
- Estimated costs of future and ongoing medical treatment and care
- Estimated value of lost future wages and benefits
- Diminished quality of life
- Diminished earning capacity
Wrongful Death Action
Sometimes the negligent acts of a medical practitioner result in the death of the delivering mother or her infant. Please know that a surviving loved one is entitled to pursue a wrongful death action in such a case. If such a tragedy is what has led you to this page, we extend to you our heartfelt condolences. We promise you that the wrongful death attorneys at Friedman & Simon, L.L.P. will relentlessly pursue the compensation you need and the justice your departed loved one deserves.
Wrongful death damages can include:
- Expenses for your loved one’s funeral and burial
- Loss of their financial and household contributions
- Loss of parental guidance and affection, loss of consortium, (the special types of damage recognized by law, that a person suffers when their spouse is a wrongful death victim).
Our lawyer will explain the compensation your family is entitled to and the family members who are eligible to file a wrongful death action. This typically includes the decedent’s parents, spouse, and children.
Limited Time to Take Legal Action for a Mineola Birth Injury
As provided by New York’s statute of limitations, you have a limited time from the date of your birth injury in which to take legal action. Claims and litigation are governed by other critical time deadlines as well. We will attend to all of these and make sure they have been completed in a technically proper and timely manner.
However, this is not the only reason to get an early start on your case. The sooner your legal team gets started, the better access they have to key pieces of evidence, like witness testimonies, and the greater the team’s opportunity to build the strongest case possible for you.
We Will Represent Your Family at No Upfront or Out-of-Pocket Expense
Preparing a birth injury lawsuit takes time and attention to detail. It also takes compassion and understanding. Our law firm makes sure you get all these things. We also represent you at no cost or obligation.
- Review your birth injury case
- Identify the liable party or parties
- Compile and submit your evidence
- Hire medical experts and consultants
- Pay any required court filing fees
- Represent you at trial if needed
- Fight relentlessly to win the best possible case outcome for you
We take care of every fee or expense related to your case and do not expect or accept any compensation until we win it for you. You will never have an out-of-pocket cost related to our services. In addition, this fee structure means you do not have to wait to seek compensation or risk the consequences of an expired statute of limitations.
Our Birth Injury Lawyer Never Stops Fighting for Your Family
Birth injury cases are inherently emotionally charged. Our law firm works hard to ensure you and your family get the support you need at this difficult time. Previous clients say the following:
- Anonymous: Roger Simon and his firm are not just your typical lawyer; they are the best…it’s all about their clients and I don’t know how to thank them…Don’t just hire a lawyer…hire someone who actually cares and listens to your inside.
- Francine: Great communication from the very first phone call…they treated us like family…I will most definitely be telling family and friends about this law firm…thank you for a great job.
Learn more about our commitment to all-around client service and support by browsing our client testimonials page.
Friedman & Simon, L.L.P. Will Fight for Your Right to Compensation
Friedman & Simon, L.L.P.’s legal team has served as passionate advocates of the injured since 1991.
We want to apply our passion to your birth injury case. Our legal team will represent your case with dignity and compassion, and our staff stands by, happy to assist you in multiple languages (Greek, Tamil, Kannada, Spanish, and Bengali). Call us today for a free, no-obligation case review.