Birth Injury Lawyers

Looking for a New York birth injury lawyer? Birth injury malpractice claims are difficult, time consuming, and expensive. That's why selecting the right New York personal injury attorney is so important. Our New York medical malpractice attorneys have the experience and resources to take on important and challenging birth injury malpractice cases and obtain significant compensation for our birth injury clients.

Because of the time, cost and complexity of birth injury cases, good law firms carefully review potential medical malpractice claims. Here's how the process works. In response to a birth injury malpractice inquiry, one of our staff will conduct a free telephone consultation. If we believe the case has merit, we will obtain the medical malpractice records and have them reviewed by a medical malpractice expert. If the medical malpractice expert feels there is a valid claim and we believe the case is worth pursuing, we will conduct a thorough analysis and investigation and proceed with the birth injury malpractice case. You should also be aware of some special laws that apply to birth injury malpractice cases:

1. Statute of limitations: This is a law that requires commencement of a birth injury malpractice case within a specific time period. If the birth injury malpractice case is not filed within that time period, it will be barred regardless of its merit. Because the time period is often very short and exceptions apply, it is very important to consult with an experienced birth injury malpractice attorney as soon as possible.
2. Expert affidavit: In some states, before commencement of a birth injury malpractice case the party bringing the claim must provide a written document signed by a medical malpractice expert confirming that medical malpractice was committed and that it was a direct cause of the claimant's injuries. The format and timing of the affidavit are critical.

Regrettably, sometimes during the course of the birthing process an infant may suffer an injury or deformity that is directly related to the delivery process.  Most birth injuries do not result from medical malpractice. The majority of delivery doctors and assisting hospital staff follow acceptable procedures, and a provider is not negligent simply because his or her efforts were unsuccessful. The act of childbirth is a wondrous gift which is sometimes marred when a baby experiences major problems, mishaps and errors, which should not have occurred, and may result in serious physical and/or developmental issues for the infant.  Birth related injuries vary greatly, in that some are very minor and heal over time, some may require surgery, and others may require a need for lifetime care and may even result in a casualty and/or death. To receive compensation in a birth injury malpractice suit, you have to prove that your providers acted unreasonably and that their conduct was a direct cause of injury. Unless both issues are proved, there is no case.

As a result of a birth injury or defect, an infant may be afflicted with the following:

At Rosenberg, Minc, Falkoff, & Wolff, LLP.,  we specialize in personal injury and malpractice cases. You can depend on our knowledge and skill when it comes to representing a client with a birth injury malpractice case.

If you would like a free consultation about your birth injury malpractice claim, please contact us.