NYC Birth Injury Lawyer

When the joy of welcoming a new life into the world is overshadowed by unexpected complications or injuries during childbirth, families often find themselves facing challenging and emotional times. At Sakkas, Cahn & Weiss, LLP, we understand the profound impact that birth injuries can have on both the child and the family. As dedicated birth injury lawyers in New York, we are committed to advocating for families affected by medical negligence during pregnancy, labor, or delivery.

PAY NOTHING UNLESS YOU WIN. Contact us today for a FREE consultation. 

Compensation You May Be Entitled To After a Birth Injury

As birth injury lawyers in New York, we at Sakkas, Cahn & Weiss, LLP understand that the financial impact of a birth injury can be overwhelming for families. While no amount of money can undo the injury, proper compensation can ensure that your child receives the best possible care and support throughout their life. Here’s a detailed look at the types of compensation you may be entitled to after a birth injury:

Medical Bills

• Past and future medical treatments
• Surgeries and hospital stays
• Medication costs
• Specialized medical equipment
• Home healthcare services

Rehabilitation and Therapy Costs

• Physical therapy
• Occupational therapy
• Speech therapy
• Cognitive therapy
• Behavioral therapy

Assistive Devices and Home Modifications

• Wheelchairs or mobility aids
• Communication devices
• Home modifications (ramps, wider doorways, accessible bathrooms)
• Adaptive vehicles

Lost Wages and Earning Capacity

• Parents’ lost wages due to caretaking responsibilities
• Child’s potential lost earning capacity in adulthood

Pain and Suffering

• Physical pain endured by the child
• Emotional distress experienced by the child and family

Loss of Quality of Life

• Diminished enjoyment of life activities
• Loss of ability to participate in normal childhood experiences

Special Education Costs

• Specialized schooling or tutoring
• Educational support services

Life Care Expenses

• Long-term care costs
• Potential need for lifelong assistance or care facilities

Punitive Damages

In cases of gross negligence or intentional misconduct

As NYC birth injury attorneys, we work diligently to calculate the full extent of these damages, considering both current and future needs. This often involves collaborating with medical professionals, life care planners, and economic experts to project the lifelong costs associated with the birth injury.

What Constitutes a Birth Injury?

As birth injury lawyers in New York, we at Sakkas, Cahn & Weiss, LLP often encounter families who are unsure whether their child’s condition qualifies as a birth injury. Understanding what constitutes a birth injury is crucial for parents considering legal action. Let’s delve into this important topic:

Definition of a Birth Injury

A birth injury refers to any type of harm or damage that occurs to an infant before, during, or immediately after the birthing process. These injuries can range from mild, temporary conditions to severe, life-altering disabilities. It’s important to note that not all birth injuries are the result of medical negligence, but many are preventable with proper care.

Common Types of Birth Injuries

• Cerebral Palsy: A group of disorders affecting movement, balance, and posture, often caused by brain damage during birth.
• Erb’s Palsy: Weakness or paralysis of the arm due to injury to the brachial plexus nerves during delivery.
• Hypoxic-Ischemic Encephalopathy (HIE): Brain injuries caused by oxygen deprivation during birth.
• Brachial Plexus Injuries: Damage to the network of nerves that send signals from the spine to the shoulder, arm, and hand.
• Fractures: Broken bones, often occurring in difficult deliveries.
• Spinal Cord Injuries: Damage to the spinal cord, which can result in paralysis.
• Intracranial Hemorrhage: Bleeding inside the skull, which can lead to brain damage.
• Caput Succedaneum: Swelling of the soft tissues of the baby’s scalp.
• Cephalohematoma: Collection of blood under the periosteum of the baby’s skull.
• Facial Paralysis: Injury to the facial nerve, often due to pressure on the face during delivery.

How a Birth Injury Lawyer Can Help

At Sakkas, Cahn & Weiss, LLP, we understand the emotional and financial toll a birth injury can take on your family. As dedicated birth injury lawyers in New York, we’re committed to providing comprehensive legal support to families facing these challenging circumstances. Here’s how we can assist you:

Thorough Case Evaluation

When you come to us with concerns about a birth injury, our first step is to conduct a thorough evaluation of your case. We’ll listen carefully to your account of the events surrounding your child’s birth, review all available medical records, and consult with medical experts to determine if malpractice or negligence may have played a role in your child’s injury.

Establishing Liability

Proving medical negligence in birth injury cases can be complex. Our team of New York birth injury lawyers has the knowledge and resources to investigate your case thoroughly. We work diligently to establish who may be liable for your child’s injury, whether it’s a doctor, nurse, hospital, or other healthcare provider.

Building a Strong Case

We’ll build a robust case on your behalf once we’ve determined that you have a valid birth injury claim. This involves:

• Gathering and analyzing all relevant medical records
• Consulting with medical experts to understand the standard of care that should have been provided
• Identifying where and how that standard of care was breached
• Documenting the full extent of your child’s injuries and their impact on your family
• Calculating both current and future damages related to the injury

Negotiating with Insurance Companies

Insurance companies often try to minimize payouts in birth injury cases. As your legal representatives, we handle all communications and negotiations with insurance companies. We aim to secure a fair settlement that adequately covers all your child’s needs, both now and in the future.

Litigation Support

If a fair settlement cannot be reached through negotiations, we’re fully prepared to take your case to trial. Our NYC birth injury attorneys have extensive courtroom experience and will advocate vigorously for your rights in front of a judge and jury.

Access to Medical Experts

Birth injury cases often require testimony from medical experts to establish the standard of care and how it was breached. We have a network of respected medical professionals who can provide expert opinions to support your case.

Calculating Damages

Determining the full extent of damages in a birth injury case involves considering both current and future needs. We work with life care planners, economists, and other experts to calculate the full cost of your child’s injury, including:

• Past and future medical expenses
• Rehabilitation and therapy costs
• Special education needs
• Assistive devices and home modifications
• Lost wages and earning capacity
• Pain and suffering
• Loss of quality of life
• Emotional Support and Guidance

While our primary role is to provide legal representation, we understand the emotional toll of a birth injury on your family. We’re here to offer support, answer your questions, and guide you through every step of the legal process.

No Upfront Costs

We handle birth injury cases on a contingency fee basis. This means you don’t pay any upfront costs or personal injury lawyer fees. We only get paid if we secure compensation for you, ensuring that legal representation is accessible to all families, regardless of their financial situation.

Timely Action

We understand the importance of acting quickly in birth injury cases. There are strict time limits (statutes of limitations) for filing medical malpractice claims in New York. We ensure that all necessary legal actions are taken promptly to protect your rights.

Comprehensive Resources

As personal injury attorneys, we can connect you with a range of resources to support your family, including medical specialists, support groups, and financial advisors who can help you manage any settlement or award you receive.

At Sakkas, Cahn & Weiss, LLP, we’re committed to fighting for the rights of families affected by birth injuries. Our goal is to secure the compensation you need to provide the best possible care for your child and to hold negligent parties accountable for their actions.

If you believe your child may have suffered a birth injury due to medical negligence, don’t face this challenging time alone. Contact our team of experienced New York medical malpractice lawyers today for a free, confidential consultation. Let us put our knowledge, resources, and dedication to work for your family.

Causes of Birth Injuries

Birth injuries can occur due to various factors, including:

• Delayed or prolonged labor
• Improper use of delivery tools (forceps or vacuum extractors)
• Failure to perform a timely cesarean section
• Mismanagement of maternal health conditions
• Inadequate fetal monitoring
• Medication errors during pregnancy or delivery
• Oxygen deprivation during birth
• Infections during pregnancy or delivery
• Shoulder dystocia
• Premature birth

Distinguishing Birth Injuries from Birth Defects

It’s crucial to differentiate between birth injuries and birth defects:

• Birth Injuries: Occur due to complications during pregnancy, labor, or delivery, often preventable with proper medical care.
• Birth Defects: Structural or functional abnormalities present at birth, typically due to genetic factors or environmental influences during pregnancy.

As New York birth injury lawyers, we focus on cases where the injury could have been prevented with appropriate medical care.

Signs and Symptoms of Birth Injuries

Identifying a birth injury can sometimes be challenging, as symptoms may not be immediately apparent. Some signs to watch for include:

• Seizures or tremors
• Difficulty feeding or swallowing
• Excessive drooling
• Weak or absent reflexes
• Muscle stiffness or floppiness
• Delayed developmental milestones
• Asymmetrical facial movements
• Inability to move certain limbs
• Abnormal eye movements
• Excessive fussiness or irritability

When to Consult a Birth Injury Lawyer

If you suspect your child has suffered a birth injury, it’s advisable to consult with a birth injury lawyer in New York. Consider seeking legal advice if:

• Your child has been diagnosed with a condition that may be related to a birth injury
• You noticed signs of distress or complications during labor or delivery
• Medical staff seemed unprepared or overwhelmed during the birthing process
• There were unexpected interventions or procedures during delivery
• Your child is exhibiting developmental delays or physical symptoms
• You have concerns about the quality of care received during pregnancy, labor, or delivery

Why Choose a New York Birth Injury Lawyer?

New York’s healthcare system is complex, and its legal landscape is equally intricate. Choosing a birth injury lawyer in New York means working with professionals who understand the nuances of both state and local laws that may impact your case. At Sakkas, Cahn & Weiss, LLP, we bring years of experience in New York’s legal system to every case we handle.

As NYC birth injury attorneys, we have:

• In-depth knowledge of New York’s medical malpractice laws
• Established relationships with local medical experts who can provide crucial testimony
• Familiarity with New York’s court systems and procedures
• A track record of successful settlements and verdicts in birth injury cases

Our local presence also means we’re readily available to meet with you, visit hospitals if necessary, and provide the personalized attention your case deserves.

The Process of a Birth Injury Lawsuit

Pursuing a birth injury lawsuit can seem daunting, but with the right legal team, the process becomes manageable. At Sakkas, Cahn & Weiss, LLP, we guide our clients through each step of the legal journey:

• Initial Consultation: We meet with you to discuss the details of your case, answer your questions, and explain your legal options.
• Investigation: Our team conducts a thorough investigation, gathering medical records, consulting with experts, and building a strong foundation for your case.
• Filing the Lawsuit: If negotiations with the responsible parties don’t yield a fair settlement, we file a lawsuit on your behalf.
• Discovery: Both sides exchange information and evidence related to the case.
• Negotiations: We engage in settlement negotiations, always striving for a fair resolution that meets your needs.
• Trial: If a settlement can’t be reached, we’re prepared to take your case to trial and advocate for you in court.

Throughout this process, we keep you informed and involved, ensuring that you understand each development in your case.

Statute of Limitations

In New York, there are strict time limits for filing a birth injury lawsuit. Generally, the statute of limitations for medical malpractice cases is 2.5 years from the date of the injury. However, for birth injury cases, this time limit may be extended due to the “discovery rule” or if the injured party is a minor.

As birth injury lawyers in New York, we strongly advise families to seek legal counsel as soon as possible after discovering a birth injury. Early action not only ensures compliance with legal deadlines but also allows for a more thorough investigation while evidence is still fresh.

Protect Your Child’s Future

Don’t face a birth injury alone. Our New York birth injury lawyers are here to help. Contact Sakkas, Cahn & Weiss, LLP today for a free consultation. Remember, you PAY NOTHING UNLESS YOU WIN. Contact us today.

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Birth Injury Lawyer FAQs

How long do I have to file a birth injury lawsuit in New York?

In New York, the statute of limitations for medical malpractice cases, including birth injuries, is generally 2.5 years from the date of the injury. However, for birth injury cases involving minors, the statute of limitations may be tolled (paused) until the child’s 18th birthday. It’s crucial to consult with a birth injury lawyer as soon as possible to ensure you don’t miss any important deadlines.

What if I signed a consent form before the medical procedure?

Signing a consent form does not automatically absolve healthcare providers of liability. If the injury resulted from negligence or substandard care, you may still have a valid birth injury claim. Our New York medical malpractice lawyers can review your case to determine if the standard of care was breached, regardless of any consent forms signed.

Can I still file a lawsuit if my child’s birth injury wasn’t diagnosed immediately?

Yes, it’s possible to file a lawsuit even if the birth injury wasn’t immediately apparent or diagnosed. In some cases, the effects of a birth injury may not become noticeable until the child misses developmental milestones. In New York, the discovery rule may apply, which means the statute of limitations could begin from the date the injury was discovered or reasonably should have been discovered.

What if I can’t afford a birth injury lawyer?

At Sakkas, Cahn & Weiss, LLP, we handle birth injury cases on a contingency fee basis. This means you don’t pay any upfront costs or medical malpractice attorney fees. We only get paid if we secure compensation for you. This arrangement ensures that quality legal representation is accessible to all families, regardless of their financial situation.

How are birth injury settlements typically structured?

Birth injury settlements can be structured in various ways, depending on the specific needs of the child and family. They may include a lump sum payment, a structured settlement with periodic payments, or a combination of both. Our birth injury lawyers work with financial experts to determine the most beneficial structure for your family’s long-term needs.

What if the hospital offers a settlement before I hire a lawyer?

It’s crucial to consult with a birth injury lawyer before accepting any settlement offer from a hospital or insurance company. Initial offers are often lower than the true value of your claim. Our experienced NYC birth injury attorneys can evaluate the offer and negotiate for a fair settlement that fully addresses your child’s current and future needs.

Can I switch birth injury lawyers if I’m not satisfied with my current representation?

Yes, you have the right to change lawyers at any point during your case. If you’re not satisfied with your current legal representation, we’re happy to provide a free consultation to discuss your case and explain how we can help. Switching lawyers won’t affect your share of any potential settlement or verdict.

What if my child’s birth injury occurred in another state, but we now live in New York?

If your child’s birth injury occurred in another state, but you now reside in New York, you may still be able to pursue legal action. The laws of the state where the injury occurred will typically apply, but a New York-based birth injury lawyer can often still assist you. At Sakkas, Cahn & Weiss, LLP, we can evaluate your case and, if necessary, work with local counsel in the state where the injury occurred to protect your rights.

How long does a birth injury lawsuit typically take?

The duration of a birth injury lawsuit can vary significantly depending on the case’s complexity, the extent of the injuries, and whether the case settles or goes to trial. Some cases may be resolved in a matter of months, while others can take several years. Our birth injury lawyers work diligently to resolve your case as efficiently as possible while still fighting for the maximum compensation you deserve.

What sets Sakkas, Cahn & Weiss, LLP apart from other birth injury law firms?

Our firm combines extensive legal experience with a deep understanding of the medical aspects of birth injury cases. We have a proven track record of successful outcomes for our clients, and we’re committed to providing personalized attention to each case. Our team approach ensures that you benefit from our entire legal team’s collective knowledge and skills.