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.
Call us today for a free, no-obligation case review: 516-932-0400.
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
- 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
- Toxic brain injuries (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 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
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, borrow from relatives—any of which imposes 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.
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.
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 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 this 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
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.
Some of the types of recoverable damages you might see in the demand letter we send to insurers include the following:
- Doctors’ and surgeons’ fees
- Hospital stay 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. 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.
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 within a 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.
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 at 516-932-0400 for a free, no-obligation case review.