New York Birth Injury Lawsuit
When Should I File a Birth Injury Lawsuit?
In New York, you can file a lawsuit if you believe a doctor or other medical professional committed malpractice, resulting in your baby’s birth injuries. However, knowing when it’s worth the time and effort to file is not always easy.
This is why it is so important to talk to a birth injury lawyer. Lawyers have the expertise and experience to evaluate your case and advise you on the best course of action. You may want to consider filing a lawsuit in these situations:
- You think a medical professional made a negligent mistake that led to your child’s injuries.
- Your child’s injuries are severe.
- The injuries have caused permanent disabilities that will affect your child for the rest of their lives.
- The injuries will reduce your child’s quality of life or even prevent them from living independently.
- The injuries have resulted in significant medical expenses.
- You are facing ongoing expenses related to the injuries.
- Your child died because of a mistake a doctor made during pregnancy, labor, or delivery.
Is There a Time Limit on Filing a New York Birth Injury Lawsuit?
Each state sets its own time limit on filing personal injury lawsuits. This is known as the statute of limitations, and the clock starts at the time of the injuries. New York gives you three years from when your baby suffered birth injuries to file.
How Do I File a Birth Injury Lawsuit in New York?
Filing a lawsuit can be complicated, but the right lawyer will guide you through the process. While your lawyer does much of the work, giving you time to care for your child, it helps to understand the steps:
- Filing
Any personal injury lawsuit must begin with filing a complaint with the courts. Your lawyer will draft this document and file it with the appropriate court. The document makes the lawsuit official and notifies defendants. - Discovery
The filing triggers the discovery period, a time when each side investigates and builds a case. Your lawyer will rely on experts to look into the incident. They will hold depositions and share information with the defendants’ lawyers. - Settlement
Most defendants will be ready to settle, and most cases end here. A trial is risky for them, as juries tend to make big awards. During negotiations, your lawyer will represent you and push for maximum compensation. - Trial
Settlements sometimes stall, and this is when your lawyer takes your case to court. They will argue in front of a jury to prove negligence and that the defendants owe your child damages. - Appeals
If you win a jury verdict, expect the defendants to appeal. They will ask a higher New York court to reverse the decision. This doesn’t always happen, but it is common and delays your collection of compensation.
What Does My Lawyer Need to Prove My Case?
It’s important to have a true expert in birth injuries on your side because proving malpractice is complicated. Your lawyer will need to show:
- An accepted standard of care for your labor and delivery based on what another doctor would have done in the same situation
- That your doctor or other medical professional breached this standard
- That their actions or inactions led to your child’s injuries
- And that the injuries have resulted in significant damages
Your lawyer will rely on their own experience and expertise and that of medical professionals and witnesses to prove these elements of the case. They need your medical records and bills and your honest recollections of what happened.
How Much Can I Recover in Damages?
Damages amounts are highly variable. They mostly depend on individual factors of each case. As your lawyer estimates an amount to seek, they will consider:
- The severity and permanence of the injuries
- How the injuries will affect the rest of your child’s life
- Your existing medical bills related to the injury
- Future expected expenses for your child
- Any lost wages or lost earning potential if you have to stay home to care for your child
The laws in New York can also affect damages amounts. New York does not cap any damages, but it does apply a shared fault rule to jury awards. So if you have any degree of blame for the incident, the court can reduce your jury award.
Examples of New York Birth Injury Lawsuits
These examples of New York birth injury lawsuits provide a point of reference. Of course, it’s important to remember that every case is different. These examples do not indicate what will happen in your case.
Tiffany Busone finally recovered more than $43 million in 2010 after suffering brain damage while giving birth in 1984 in Niskayuna. Her case went all the way to the New York Supreme Court after her mother sued the Bellevue Maternity Hospital. Busone’s family and her attorneys argued that she suffered from a lack of oxygen and that staff failed to resuscitate her. After nearly 15 minutes without oxygen, she had permanent brain damage and cerebral palsy.[1]
The Swanson family filed a lawsuit against Northern Westchester Hospital after their child was born there in 2003. They alleged that staff mishandled the delivery, resulting in shoulder dystocia in their baby. This occurs when a baby is stuck in the birth canal. It causes stretching and damage to nerves. As a result, their baby now has brain damage and physical disabilities. A jury awarded them $56 million in 2010 for their baby’s injuries.[2]
In some cases, negligence and its role in a baby’s injuries are clear. But birth injury cases are complicated and not always easy to prove. Make sure you contact expert birth injury lawyers before considering filing a lawsuit. They can advise you and, if you do file, give you the best possible outcome.