New York Birth Injury Attorney
The anticipation of childbirth for most people brings thoughts of happiness, joy, and anxiety about all the changes on the horizon. A new little life is a gift that is usually celebrated and valued on the highest level. Families and couples dream of bringing a new life into the world, expanding their family, and fulfilling a hope that has been only imagined up until that point. The thought of needing a New York birth injury lawyer is not one that is even entertained. Unfortunately, over-zealous doctors and negligent medical staff often shatter those dreams in an instant that can never be undone or taken back. Severe and unnecessary injuries to babies during childbirth shatter those dreams of joy and have lifelong effects on the children themselves. It is estimated that five out of every one thousand babies actually suffers an unnecessary, irreversible, and preventable injury during childbirth. This is just absolutely unacceptable. An innocent child will now suffer their entire lives because of the negligence of someone else. Many times these heartbreaking injuries result in physical impairment, developmental delays, and even disabilities.
The Law Offices of Michael S. Lamonsoff, PLLC, is a team of New York birth injury lawyers who understand what a difficult time this is. The attorneys and the staff here will give your family the personal attention and the professional representation it needs during this difficult time. This law office employs superior New York personal injury lawyers who have experience with birth injuries. We have spent more than a century fighting for justice for the innocent victims of birth injuries and giving a voice to those who suffer quietly.
What kind of birth injuries are caused by medical negligence?
It is quite unfortunate that there is even a need to answer this question. However, there are many different injuries caused during childbirth such as soft tissue injuries, lacerations, abrasions, and fractures. Those are some of the more minor injuries. More traumatic injuries include cerebral palsy, erb’s palsy, cervical dystonia, spinal cord injury, brain damage due to asphyxia, and more. Unfortunately, this is a list that continues to grow. Many times untrained staff do not respond quickly enough or just do not have enough experience to prevent these life-altering injuries. Other times small distractions are enough to create life-long repercussions for these innocent victims. Even if your childbirth seemed normal and everything went fine, you should always look for signs of distress in your baby.
What are common symptoms of a birth injury?
It can often be difficult to detect the un obvious symptoms of a birth injury. You and your baby are not yet familiar with each other in the outside world, so it is harder to tell what is ‘normal’ behavior, especially if this is your first child. However, some of the actions that can be red flag indicators include seizures, an arched back while crying, excessive drooling, rapid breathing, high-pitched crying that doesn’t stop, weak movements, feeding problems, and dry heaving or vomiting. These are not the only indicators, just some of the most common. If your baby exhibits any of these symptoms, or if you feel that something may be wrong, have your baby examined by a pediatrician that you trust immediately. There is absolutely no time to waste.
If my baby is injured during childbirth does that automatically mean that I have a lawsuit?
No, not necessarily. There are some injuries that cannot be avoided and may not be the fault of any medical staff. What really needs to be considered is whether or not the doctor or medical staff acted negligently and did that reckless behavior directly contribute to your baby’s injuries? If the answer is yes, then you may have grounds for a lawsuit and be due financial compensation. If you are not sure, then it is best to seek legal counsel. An experienced birth injury attorney, such as those at The Law Offices of Michael S. Lamonsoff, PLLC, will listen intently and advise you of all of your options.
How long do I have to file a birth injury claim?
A birth injury claim is basically a medical malpractice claim in a court of law. The state of New York imposes a strict two-and-a-half-year statute of limitations on a medical malpractice claim. However, the state does understand that not all injuries are immediately apparent, so there is a ten-year toll or freeze on the ticking clock. The whole statute of limitations and “toll” can get rather complicated, so it is best explained by a licensed attorney. They can also explain how the statute of limitations applies to your particular case.
Who gets the money in a birth injury case?
If a living child suffered an injury at birth caused by negligent doctors or medical staff, they will typically be awarded the damages in any subsequent lawsuit. Many of the damages awarded are to ease the burden of necessary medical care and living expenses for the injured child. The money often comes in the form of a trust to ensure that it is spent appropriately on those things the child needs. There are some instances where a parent or guardian may be awarded some financial compensation for emotional distress, but the majority of the award goes to the child.
Call an aggressive New York birth injury attorney today
If you think that your baby was injured at birth due to the negligence of the doctor or medical staff, contact The Law Offices of Michael S. Lamonsoff, PLLC, today. Our highly skilled attorneys work closely with experts in the field to investigate thoroughly while preparing and presenting the strongest argument available so you can recover the full amount of financial compensation in your case. We will take the time to listen to you, review the medical records, and diligently investigate your case. Our attorneys are excellent New York personal injury lawyers who specialize in birth injuries and draw from more than a century of experience. You can call the toll free number at (877) 675-4529 to schedule an initial consultation with a New York birth injury lawyer that has the fortitude to handle your case aggressively. You can also fill out our consultation request form and we will get in touch with you shortly. The Law Offices of Michael S. Lamonsoff, PLLC, will fight for the rights of your child and get them the financial compensation that they are entitled to.