Birth injuries can be devastating for both the child and the parents. These injuries, which occur during labor or delivery, can result from medical negligence or errors made by healthcare professionals. If your child has suffered a birth injury in New York, it’s important to understand your legal rights and the steps you can take to hold the responsible parties accountable.
In this blog, we will discuss the types of birth injuries, how to pursue a birth injury claim, and the legal rights parents have under New York law.
1. What Is a Birth Injury?
A birth injury refers to physical harm or damage that occurs to the baby or mother during the childbirth process. Some birth injuries are unavoidable, but many are caused by the negligence or improper actions of medical professionals.
Common birth injuries include:
- Erb’s Palsy: A form of brachial plexus injury that affects the nerves controlling the arm and hand. It can occur if excessive force is used during delivery, especially with a large baby or if the baby is stuck in the birth canal.
- Cerebral Palsy: A neurological disorder caused by brain damage during birth, often due to a lack of oxygen or improper monitoring during labor.
- Fractures: Broken bones, especially collarbones, are common during difficult deliveries or if improper delivery techniques are used.
- Brain Injuries: Oxygen deprivation during birth can lead to serious brain injuries, including hypoxic-ischemic encephalopathy (HIE), which can cause long-term developmental issues.
- Cephalohematoma and Caput Succedaneum: These are conditions that cause swelling or bruising on the baby’s head due to the pressure exerted during delivery.
2. How to File a Birth Injury Claim in New York
If your child has suffered a birth injury due to medical negligence, you may be entitled to file a personal injury claim. However, birth injury claims are often complex and require the expertise of an experienced attorney who specializes in medical malpractice.
Here are the general steps involved in filing a birth injury claim in New York:
a) Consult with a Birth Injury Lawyer
The first step in pursuing a birth injury claim is to consult with an experienced attorney. A lawyer who specializes in birth injury claims can help assess the situation, gather evidence, and determine whether medical malpractice occurred. They can also explain the legal process and your rights as a parent.
b) Investigate the Incident
Your attorney will investigate the events surrounding the birth and review medical records, including prenatal care, delivery logs, and hospital procedures. They will also consult with medical experts to determine if the healthcare professionals involved were negligent.
c) Prove Negligence
To win a birth injury case, you must prove that the healthcare provider’s negligence or mistake caused the injury. This could include things like improper use of forceps, failure to monitor the baby’s heart rate, not responding to signs of fetal distress, or delaying a necessary C-section.
d) File a Lawsuit
Once your lawyer has gathered enough evidence, they will file a lawsuit on your behalf. In New York, the statute of limitations for medical malpractice claims is generally two and a half years from the date of the injury or the discovery of the injury. However, if the birth injury was not discovered immediately, there may be exceptions that extend the filing deadline.
e) Seek Compensation
If the case goes to trial or results in a settlement, you may be entitled to compensation for medical expenses, future care needs, pain and suffering, lost wages (if the parents had to take time off work), and other damages.
3. Parental Rights in Birth Injury Claims
In New York, parents have the legal right to seek compensation for the harm caused to their child by a birth injury. This includes seeking justice for both physical injuries and emotional suffering.
a) Compensation for the Child’s Injuries
In birth injury claims, compensation is typically awarded to the child, but parents may be able to recover damages for their own financial losses as well. This includes:
- Medical Expenses: Costs associated with treating the child’s injury, including surgeries, therapy, medications, and any future care.
- Pain and Suffering: Compensation for the pain and suffering the child has endured as a result of the injury.
- Long-Term Care: If the injury results in long-term or permanent disabilities, the child may require ongoing medical care, therapy, and assistance with daily activities. Parents can seek compensation for these future costs.
b) Compensation for the Parents’ Losses
In some cases, parents may also be entitled to damages for the impact the injury has on their lives, including:
- Emotional Distress: Caring for a child with a birth injury can be emotionally overwhelming, and parents may receive compensation for the distress caused by the injury.
- Loss of Consortium: If the child’s injuries affect the family dynamic, parents may be entitled to compensation for the loss of companionship and support.
c) Filing on Behalf of the Child
While parents may file a lawsuit on behalf of the child, the child themselves may file a personal injury claim once they reach the age of 18. However, the legal process is often initiated by the parents to ensure that the child receives proper compensation and care during their upbringing.
4. Statute of Limitations for Birth Injury Claims in New York
As mentioned earlier, the statute of limitations for filing a birth injury claim in New York is generally two and a half years from the date of the injury. However, in some cases, if the injury is not immediately discovered, the statute of limitations may begin on the date the injury was discovered, or should have reasonably been discovered.
If the birth injury involves a public entity, such as a public hospital, you must file a Notice of Claim within 90 days of the injury. It’s important to consult with a lawyer as soon as possible to ensure that you do not miss any deadlines.
5. Why You Need an Experienced Birth Injury Lawyer
Birth injury cases are among the most complex forms of medical malpractice. They often require expert testimony from medical professionals and a deep understanding of both medical and legal issues. Hiring an attorney who specializes in birth injury claims is crucial for ensuring the best possible outcome.
At Alan Ripka & Associates, we are dedicated to helping families recover compensation for birth injuries caused by medical negligence. Our experienced attorneys will guide you through every step of the process, from investigating the claim to securing the compensation your child needs for future care.
6. What Compensation Can You Expect in a Birth Injury Case?
While every case is unique, the compensation in a birth injury lawsuit can be significant, especially if the injury results in lifelong care and medical treatment. You may be awarded:
- Medical Expenses: Past, current, and future medical care.
- Pain and Suffering: For the child’s physical and emotional pain.
- Special Education and Therapy Costs: If the injury results in long-term disabilities.
- Loss of Future Earnings: If the child’s injury affects their ability to work in the future.
- Punitive Damages: In cases of gross negligence or intentional harm.
Conclusion
Birth injuries are devastating, but parents in New York have legal rights to seek compensation when medical negligence is involved. If your child has suffered a birth injury, it is essential to consult with an experienced personal injury attorney to explore your legal options.
At Alan Ripka & Associates, we are here to help you navigate the complexities of birth injury claims and fight for the compensation your child deserves. Contact us today for a free consultation.
