If you sustained injuries while giving birth, or if your baby sustained an injury during childbirth, you may have the right to seek birth injury compensation for yourself as well as your child.
A birth injury attorney serving New York at Friedman & Simon, L.L.P. will fight to recover the compensation you deserve. We provide compassionate legal representation, and we handle every detail of your case. You focus on yourself and your baby.
In This Article
- We Handle All Types of New York Birth Injury Cases
- Determining Fault and Liability in Your Birth Injury Case
- Identifying and Calculating Damages for Your Birth Injury Case
- How You Benefit From Working With a New York Birth Injury Lawyer
- Statutory Times Limits That Govern New York Birth Injury Cases
- Free Consultation for Your New York Birth Injury Case
We Handle All Types of New York Birth Injury Cases
If a doctor or another type of medical professional commits malpractice or makes an error during childbirth, both mother and baby may sustain birth injuries. When that occurs, you have the legal right to pursue compensation for your injuries and other damages.
Our New York birth injury lawyers provide personalized legal representation for mothers and babies who sustained any type of birth injury.
Birth injuries can lead to a variety of complications that include:
- Cerebral palsy
- Bell’s palsy
- Erb’s palsy
- Hypoxia
- Spinal cord injury
- Brain damage
- Shoulder dystocia
Our legal team manages every aspect of your case and protects your legal rights. We investigate your case to determine who had fault for your injuries. We obtain evidence to support your medical malpractice claim and identify all damages you sustained.
Since 1991, the New York personal injury lawyers at Friedman & Simon, L.L.P. have helped our clients seek justice for their injuries. We are here to help you recover the fair compensation you and your baby deserve. Give us a call to discuss your case with a member of our team.
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
When you trust a birth injury attorney in New York from Friedman & Simon, L.L.P. to represent you, we begin by investigating the details of your injury. From the evidence we gather, we identify the parties who caused or contributed to your injury. To prove liability, we demonstrate the following elements:
- Duty of care: Your doctors and other treatment professionals had a duty to provide a good and acceptable level of care to you and your baby.
- Breach of duty: The doctor, through negligent, careless, or wrongful action, failed to provide treatment that was consistent with the generally accepted standard of care.
- Causation: Their failure to uphold the standard of care caused your or your baby’s injuries.
- Damages: You sustained immediate and future financial damages due to the at-fault party’s negligence and the resulting birth injuries.
To support our determination of fault and liability, we will use documentation and evidence that may include:
- Medical records
- Documentation of your injuries
- Documentation of your baby’s injuries
- Doctor’s safety and claims history
- Safety records from the hospital or medical facility
- Witness statements
- Expert opinions
To recover compensation for your injuries, our legal team must also calculate and document your damages.
New York Birth Injury Lawyer Near Me 516-932-0400
Identifying and Calculating Damages for Your Birth Injury Case
In a New York birth injury case, you have the right to recover economic and non-economic damages from the at-fault party.
Types of Damages in a Personal Injury Case
- Medical treatment and care
- Medications and medical devices
- Medical testing and imaging
- Lost income and benefits
- Direct expenses and out-of-pocket costs
- Pain and suffering
- Emotional trauma
For injuries that require additional treatment, and if you cannot return to work or resume your former job duties, you may be entitled to the following:
- Cost of future medical care and treatment
- Value of future lost income and benefits
- Diminished earning capacity
- Diminished quality of life
Our legal team will also include the value of any permanent injury, disfigurement, or disability you or your baby suffered in a childbirth injury.
Types of Damages in a Wrongful Death Case
If you lost a loved one due to a birth injury, our legal team will help you pursue a wrongful death action. Compensation your family could recover for the wrongful death of the mother or infant includes funeral and burial expenses as well as a variety of losses.
Our lawyers will explain the entire range of wrongful death damages you can recover upon an in-depth review of your case. To learn more, call Friedman & Simon, L.L.P. today.
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How You Benefit From Working With a New York Birth Injury Lawyer
Since 1991, the personal injury attorneys at Friedman & Simon, L.L.P. have helped clients seek justice and fair financial compensation for medical malpractice and childbirth injuries. As compassionate advocates for the injured, we 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 may 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 and proving their liability for your damages.
Communicating on Your Behalf
We handle all aspects of your case and communicate with all parties on your behalf. This frees you to focus on the health and recovery of your baby and your own health and well-being as well.
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.
Identifying the Value of Your Damages
We identify and document all physical, emotional, and economic damages you suffered as a result of a birth injury.
Throughout the legal process, we protect your rights and fight to obtain the best possible outcome in your case. We never collect a fee unless and until you recover compensation for your losses.
You have a limited time to take legal action for a birth injury or malpractice case. Contact us as soon as possible to protect your right to recover compensation.
We Also Obtain the Required Certificate of Merit
Your birth injury case must contain a Certificate of Merit. We must file it with your potential lawsuit or shortly thereafter. Our team will explain the relevant timeline and the potential exceptions to it to ensure you remain abreast of the details of your case. Rest assured, you need not stress about the timeline though, because we take care of obtaining and filing this critical document. According to New York Civil Practice Laws & Rules § 3012-a, it 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.
- The care you received deviated from the acceptable standard.
Identifying a medical expert who fits the state’s criteria (is a medical peer with sufficient experience in line with the one who treated you) can be challenging. Our law firm will take care of these details for you and ensure your Certificate of Merit is filed within the required time.
Read About What It Means to Work With Our Client-Focused Legal Team
Our law firm is dedicated to helping families recover from the financial aftermath of negligence. When they talk about the care and support that they received from our personal injury law firm, our previous clients say:
- Sisha Khan: Words can’t explain how much gratitude I have for the whole team and staff at Friedman Simon L.L.P. They were on point on letting me know how my case was processing and was very sympathetic towards my situation. I will absolutely recommend them for the outstanding work they did.
- Evelyn Bookhard: There is something special about the lawyers there. I received the best care. They are kind and friendly and patient…there is no other firm out there better than them…thank you from bottom of my heart.
Browse our client testimonials page and read more about our law firm and our commitment to treat every client we represent like a person, not a case file.
Complete a Free Case Evaluation form now
Statutory Times 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 of the state. 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 defines the medical malpractice statute of limitations
- Estates, Powers & Trusts § 5-4.1 defines the wrongful death statute of limitations
- Please note, 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 may apply. It is best to allow us to review the details with you so that you are protected with respect to all deadlines.
With sufficient notice from you, we will begin our investigation immediately and ensure compliance with the relevant statutory filing deadline.
Free Consultation for Your New York Birth Injury Case
The Friedman & Simon, L.L.P. birth injury lawyers know the pain and frustration you feel—you are not alone. We stand ready to assist you, get you the resources you need, and fight for your right to recover compensation.
The team at Friedman & Simon, L.L.P. tailors our legal services to fit your needs and the details of your case. Our compassionate, multilingual team can assist you in English, Greek, Spanish, Bengali, Tamil, and Kannada.
Call us now for a no-cost, no-obligation consultation and case review. We look forward to showing you how a New York birth injury lawyer can help you recover the compensation you deserve.
Call or text 516-932-0400 or complete a Free Case Evaluation form