If a birth injury occurs due to medical malpractice, parents of injured children may be able to recover significant compensation by filing a medical malpractice claim. Because some birth injuries may be severe and cause life-long disabilities, it’s important to understand the compensation available and choose a law firm that is willing to invest the time and resources to secure maximum compensation.
Our esteemed attorneys at Rheingold Giuffra Ruffo Plotkin & Hellman LLP are here to help you understand your rights and options and serve as your legal advocate. We have extensive experience handling complex claims involving infant brain damage, cerebral palsy, and other consequences of preventable mistakes by doctors and other delivery room personnel.
To build a strong medical malpractice case, the plaintiff and their attorney must prove:
The plaintiff must show that it is more likely than not that the birth injury occurred because of the healthcare provider’s acts or omissions during the birth of the child. Failure on the plaintiff’s part to prove any of these elements will result in the plaintiff losing their case.
Birth injuries in New York have a modified statute of limitations compared to medical malpractice claims. If the victim of a birth injury is under age 18, they have ten years from the date they learn of an injury to file a lawsuit, up to two and a half years after turning 18. However, parents may take action on their child’s behalf sooner than ten years after their child’s birth.
Birth injury compensation amounts will depend upon the severity and extent of the injury, the emotional and psychological impact on the family, and the cost of medical treatment and additional care expenses. A successful birth injury lawsuit against a doctor or healthcare institution can result in compensation, influenced by the following factors:
Injuries sustained during birth can vary in severity. Some birth injuries may heal partially or completely, such as some nerve injuries, particularly to the radial or sciatic nerve. Injuries such as spinal cord damage can cause permanent nerve damage and are often due to medical negligence. Severe birth injuries caused by medical malpractice would result in higher compensation amounts to cover potentially life-long complications or conditions, including medical expenses, care for the child and decreased quality of life.
These expenses are essential for ensuring the child receives proper medical treatment. A child that sustained a birth injury may need ongoing surgeries, medication, specialized equipment, home health care, or modifications within the home necessary for their well-being. Settlements should be calculated to cover these costs.
If the birth injury requires lifelong physical, occupational or psychological therapy, these expenses can be part of your damages. Additional costs may include speech therapy, special education, and assistive devices.
If a parent must take time off work to care for their injured child or if the injury affects the child’s future earning capacity, compensation for lost wages or loss of earning potential could be available.
Beyond the financial aspects, these damages also acknowledge the emotional toll on the family, including the trauma of witnessing their child’s suffering and the ongoing challenges of managing a potentially lifelong disability.
While a settlement cannot be guaranteed, it is not uncommon for birth injury settlements to total $1 million. This is due to the high costs of caring for a child with a severe birth injury, or injury leading to permanent disability.
Unlike some states, there is no cap on birth injury compensation claims in New York, which can include the full value of a child’s injuries, including economic, non-economic, and punitive damages.
Our partner at Rheingold Giuffra Ruffo Plotkin & Hellman LLP, Thomas P. Giuffra, specializes in the litigation and trial of significant medical malpractice, personal injury, mass tort, and product liability actions. He earned his reputation as a trial lawyer early in his career when he obtained his first million-dollar verdict only four years after graduating from law school.
His successes as a leading trial lawyer have continued through a combination of hard work, dedication to his clients, and outstanding skills as an advocate. By hiring a skilled birth injury lawyer in New York, you level the playing field with an advocate dedicated to ensuring fair treatment for you and your family.
Our verdicts and settlements include the following:
While we cannot guarantee specific outcomes, we are committed to fighting tirelessly on your behalf. We aim to maximize your potential settlement and ensure you receive every bit of compensation you are entitled to.
Rheingold Giuffra Ruffo Plotkin & Hellman LLP are champions of justice for the injured. We have received some of the highest compensation awards of any personal injury firm in the state. We are likewise honored to have been recognized by the most revered legal societies and associations as leaders in the field of accident and injury litigation. Please contact us to schedule a free, no-obligation consultation with a New York birth injury attorney.
Our office is based in NYC; however, we take cases nationwide. Since we work on a contingency fee basis, you will not pay attorney’s fees unless we win compensation for your injuries.
We fight tirelessly to deliver results and we are not afraid to go to trial.
We are leaders and educators in legal issues involving personal injury, medical malpractice, and product liability.
We have the experience to handle your case all while providing individualized attention.
