If you or your baby suffered an injury during childbirth, you could be entitled to pursue compensation for both of you. At Friedman & Simon, L.L.P., our New York birth injury lawyers are dedicated to fighting for the justice and financial recovery you deserve. We provide compassionate, client-focused representation and manage every aspect of your case while you focus on your health and your baby’s well-being.
Reach out to our New York personal injury lawyers today to get started with a free consultation.
In This Article
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- Our New York Birth Injury Attorneys Will Take on Your Fight
- Determining Fault and Liability in Your Birth Injury Case
- Our New York Birth Injury Lawyers Pursue Appropriate Compensation for Your Case
- How Do You Benefit From Working With a Birth Injury Lawyer?
- Read About What it Means to Work With Our Client-Focused Legal Team
- Statutory Time Limits That Govern New York Birth Injury Cases
- What to Do After a Birth Injury
- Free Consultation With Our Birth Injury Team
Our New York Birth Injury Attorneys Will Take on Your Fight
When a doctor or other medical professional makes a mistake during childbirth, the consequences are often life-changing for both parent and baby. You have the legal right to seek compensation for your injuries and related losses. At Friedman & Simon, L.L.P., our New York birth injury lawyers provide personalized, compassionate representation for families facing any type of birth injury, including:- Cerebral palsy
- Bell’s palsy
- Erb’s palsy
- Oxygen deprivation or hypoxia
- Spinal cord injury
- Traumatic brain injury
- Shoulder dystocia
For a free legal consultation with a Birth Injury lawyer serving New York, call (516) 932-0400
Determining Fault and Liability in Your Birth Injury Case
Birth injuries are often caused by negligence, such as delaying a necessary cesarean section or ignoring symptoms of fetal distress. They might also involve preventable medical errors by medical staff. When these careless acts lead to harm, the victims are entitled to compensation. When you choose a New York birth injury attorney from Friedman & Simon, L.L.P. we start by thoroughly investigating the circumstances of your case. We gather evidence and identify every responsible party. To prove liability, we must clearly establish:- Duty of Care: Your medical providers were obligated to follow accepted medical practice when treating you and your child.
- Breach of Duty: Through negligence, carelessness, or wrongful action, they failed to provide adequate care.
- Causation: This failure directly caused injury to you and/or your baby.
- Damages: You suffered financial losses, both immediate and future, as a result.
- Medical records
- Documentation of your injuries and your baby’s injuries
- Hospital or facility safety records
- Witness statements
- Expert medical opinions
New York Birth Injury Lawyer Near Me (516) 932-0400
Our New York Birth Injury Lawyers Pursue Appropriate Compensation for Your Case
In a New York birth injury case, you have the right to seek compensation for both economic and non-economic losses from the at-fault party. Examples of recoverable losses include:- Medical treatment and care
- Medications and medical devices
- Medical testing and imaging
- Lost income and benefits
- Out-of-pocket expenses
- Pain and suffering
- Emotional trauma related to physical injuries
- Future medical treatment and care
- Future lost income and benefits
- Reduced earning capacity
- Diminished quality of life
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How Do You Benefit From Working With a Birth Injury Lawyer?
As aggressive yet compassionate advocates for the injured, our New York attorneys are ready to fight for you and your baby. We provide comprehensive legal representation and services that include:Providing Updates and Communication
We believe in keeping our clients up to date on all aspects of their case. We answer any questions you have and are just a call away.Identifying Liable Parties
We establish a strong basis for your birth injury case by identifying the at-fault party or parties, whether they are a doctor or the hospital administration itself, and proving their liability for your losses.Communicating on Your Behalf
We handle every aspect of your case and communicate with all parties on your behalf. This allows you to focus on your recovery and your baby’s health and well-being.Investigating and Documenting Your Birth Injury Case
We support our findings of fault and liability with the evidence and documentation necessary to build a strong case.Working on a Contingency-Fee Basis
We never collect a fee unless and until you recover compensation for your losses. We will be happy to discuss the details of our contingency fee with you as we want you to feel as comfortable as possible.We Also Obtain the Required Certificate of Merit
Your birth injury case must contain a Certificate of Merit that we file with your potential birth injury lawsuit. In certain instances, the Certificate of Merit can be filed after the lawsuit has been commenced. Typically, this would apply to a case that is close to the statute of limitations running out. Permitting a delayed filing of the Certificate of Merit allows the injured party to timely start a lawsuit within the statute of limitations as the injured plaintiff may subsequently file the Certificate of Merit. Rest assured, we take care of obtaining and filing this critical document. According to New York Civil Practice Laws & Rules § 3012-a, the certificate must state that:- Our law firm reviewed the details of your legal case.
- We consulted a licensed medical professional.
- The medical expert agrees that your case has merit.
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Read About What it Means to Work With Our Client-Focused Legal Team
Our personal injury attorneys are dedicated to enabling families to recover from the financial aftermath of negligence. When our previous clients talk about the care and support that they received from our law firm, they say we are “compassionate, understanding, and extremely knowledgeable,” and that they “feel truly blessed” to have been represented by us. Browse our client testimonials page and read more about our law firm’s commitment to treating every client we represent like an individual rather than a case file.Statutory Time Limits That Govern New York Birth Injury Cases
Your birth injury case has to fit the parameters of many personal injury and medical malpractice laws. Timelines are one of the areas where complying with the law makes an important difference in your case. Accordingly:- New York Civil Practice Laws & Rules § 214-A gives you a limited time to take action after a personal injury.
- Estates, Powers & Trusts § 5-4.1 governs how long you have to file a wrongful death lawsuit.
- Please note that, depending upon the unique circumstances of your case (for example, if a hospital involved in the case is owned by a government entity), a shorter statute of limitations might apply. It is best to allow us to review the details with you so that you are protected with respect to all deadlines.
What to Do After a Birth Injury
If you or your baby suffered a birth injury, taking the right steps early will protect your health and your legal rights:- Seek Immediate Medical Attention: Ensure you and your baby receive the care you need and follow all medical advice. Ideally, this should be done at a different hospital than where you received your initial care.
- Document Everything: Keep copies of medical records, test results, bills, and any written communication from healthcare providers.
- Avoid Discussing Fault With Others: Do not sign documents or make statements to insurance companies or anyone at the hospital without legal guidance.
- Contact a Personal Injury Attorney: An attorney will protect your rights, preserve evidence, and start building your case.
Free Consultation With Our Birth Injury Team
At Friedman & Simon, L.L.P., our New York birth injury lawyers understand the pain, frustration, and uncertainty you are facing. We are here to provide the resources, guidance, and fierce advocacy you need to seek the compensation you deserve. Call us today for a free, no-obligation consultation. Let us show you how we fight for your rights.Call or text (516) 932-0400 or complete a Free Case Evaluation form