Birth injuries causing birth defects have profound, lifelong consequences for both the child and the family. In New York State, including Nassau County, medical malpractice claims for birth injuries are a critical avenue for families seeking justice and compensation when negligence or substandard care during childbirth causes harm. Medical professionals, including obstetricians, nurses, and anesthesiologists, have a duty to provide competent care throughout pregnancy, labor, and delivery. When these duties are breached, resulting in injury to the baby or mother, a birth injury claim may be pursued under the umbrella of medical malpractice.
In order to bring a successful medical malpractice lawsuit in New York, the injured party (usually the child or the parents on their behalf) must prove several elements. First, they must demonstrate that a healthcare provider failed to meet the standard of care that a similarly qualified professional customarily would have provided in the same circumstances. This is often referred to as a deviation from good and accepted medical practice. This could include errors such as failure to monitor fetal distress, improper use of delivery instruments like forceps or vacuum extractors, or inadequate response to complications like shoulder dystocia. The next step is to show that this deviation from the standard of care directly resulted in harm, such as brain damage, cerebral palsy, or physical injuries like fractures or nerve damage.
New York has specific statutes of limitation for medical malpractice claims including birth injury cases. In general, an injured party has two and a half years from the date of the malpractice to file a lawsuit. However, birth injury cases are unique in that the time frame may be extended if the injury is not immediately apparent. For example, if a child is born with a condition that is not diagnosed until later in life, such as developmental delays caused by brain injury, the statute of limitations may be extended until the child reaches the age of 21. This “age of majority” rule is intended to give parents and children more time to identify medical errors that might not be immediately obvious at birth.
Retaining a birth defect attorney in Nassau County to pursue a birth injury case requires a thorough investigation, expert testimony, and a strong legal strategy. Experienced birth defect attorneys in Nasau County such as those at Weber & Prakope, PLLC will gather evidence, consult medical experts, and build a compelling case to show how the healthcare provider’s actions (or lack thereof) caused harm to the child. If successful, a birth injury lawsuit can provide much-needed financial compensation to cover medical bills, therapy, lost wages, and other damages, while also holding negligent medical professionals accountable for their actions.
If you or a loved one are victims of these unfortunate birth injury cases, please call Weber & Prakope, PLLC today or request a free case evaluation here.
