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Understanding Birth Injury Claims In New York

  • By: David A. Kapelman
Image highlighting legal aspects of birth injury claims

Discovering that your child has suffered a birth injury can evoke feelings of fear, confusion, and frustration. As a parent, it’s natural to seek answers about the circumstances surrounding your child’s injury and the potential for recovery. Understanding whether negligence played a role is crucial to your family’s path forward. This guide will help you navigate the complexities of birth injury claims in New York, outlining key factors to consider and how a dedicated attorney can assist you.

Keep reading to learn more about…

  • How to determine if a birth injury was caused by negligence.
  • What damages may be recovered in a birth injury claim.
  • Types of evidence that can be helpful in a birth injury claim.

What Are The Common Types Of Birth Injuries Caused By Malpractice?

Many birth injuries result from overly forceful or careless delivery decisions made by attending doctors during childbirth. These poor decisions could lead to…

  • Severe bruising
  • Broken bones
  • Arm weakness due to nerve damage (brachial palsy)
  • Muscle weakness due to brain injury (cerebral palsy)
  • Spinal cord damage
  • Facial paralysis
  • And other conditions…

How Can I Determine If A Birth Injury Was Caused By Medical Negligence?

Establishing negligence will require medical records to be studied by an expert in birth injuries, and our law firm can contact medical authorities to review your child’s case.

Eyewitnesses to the birth, such as the father or other relatives in the delivery room, can also be helpful in describing what the delivering physician did during childbirth, helping to determine if their actions were negligent or overly forceful. Your birth injury attorney will reach out to the hospital for medical records and can also work with family doctors to help establish the cause of the injury.

How Are The Damages Calculated For Birth Injury Cases?

The damages your family may be entitled to include damages for medical bills, as well as custodial care and rehabilitative care for your child (such as pediatric physical therapy). This includes not only past expenses but ongoing and future treatment related to your child’s injury. Damages for pain and suffering and the emotional toll the injury has had on your family can also be recovered.

If your child was injured during childbirth, reach out to an experienced, focused birth injury law attorney as soon as possible. The Law Offices of David A. Kapelman will work with you to help build your case, protect your family’s rights, and advocate tirelessly for your child.

Still Have Questions? For more information on Understanding Birth Injury Claims In New York, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (212) 563-2010 today.

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