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New York Birth Injury Lawyers

Seth Jay Price avatar
Seth Price is the founding and managing partner of Price Benowitz LLP, handling personal injury, medical malpractice, criminal defense, and immigration cases. M...
Jacqueline T. Colclough avatar
Jacqueline brings a unique perspective to her role as a partner at Regan Zambri and Long. Prior to joining the firm, she had years of experience not only pract...
Joseph R Grippe avatar
Attorney Grippe is a partner with Ouellette, Deganis, Gallagher & Grippe LLC a full service personal injury/litigation firm with combined experience of over 75 ...
Frank C Bartlett Jr. avatar
Attorney Frank C. Bartlett, Jr.‘s achievements inside and outside the courtroom have earned him the distinctions of being named to Connecticut Superlawyers, Con...
John Jenkins Lacava avatar
Over 25 years experience in handling personal injury and workers compensation claims, including multiple million dollar verdicts.
Kimberly A. Andrade avatar
Kimberly Andrade has practiced in litigation since receiving her law degree from Quinnipiac University School of Law in 2001. During her judicial clerkship in t...

Medical practice and midwife care have advanced significantly over the past years, reducing the risk of harm and injury to mother and baby at birth. However, there are unfortunate situations where you, your baby, or a family member can suffer harm during childbirth due to negligence by medical professionals. Even though no compensation can cover the emotional distress and physical injury, working with a New York birth injury lawyer can help you secure the financial support you need to ease your burden.

What is a Birth Injury Lawyer?

A childbirth injury lawyer is an attorney who specializes in handling cases of birth injuries resulting from medical malpractice or negligence. 

What Does a Birth Injury Attorney Do?

The main focus of a childbirth injury attorney is to prove that the negligent actions of a medical team caused a birth injury to the mother or newborn baby. Your lawyer gathers the necessary evidence to build a birth injury claim against the hospital, doctor, or healthcare professional responsible. Gathering evidence includes building the chronology of events that led to the injury and finding relevant documentation, experts, and eyewitnesses. The attorney then files a compensation claim with the appropriate law court. 

When to Hire a Birth Injury Lawyer in New York?

Hire a New York birth injury attorney immediately if you suspect that your child suffered a birth injury. Oftentimes, an injury affecting the brain or nervous system that causes developmental delay was likely caused at birth.

If you or your child suffered a discernible injury at birth or if your child misses a developmental milestone, get a medical diagnosis and then contact a birth trauma lawyer immediately. Some examples of birth injuries include: 

  • Bruising and other vacuum extraction injuries;
  • Still or wrongful birth;
  • Spinal Cord Injuries;
  • C-section injuries;
  • Maternal infections;
  • Newborn jaundice;
  • Klumpke’s palsy;
  • Forceps marks;
  • Cerebral Palsy;
  • Brachial palsy;
  • Erb’s Palsy; and
  • Fractures.

How to Find a Lawyer for Birth Injury?

To find the best birth injury lawyer in New York, run a search on the Lawrina legal directory. The directory has profiles of licensed attorneys according to state, with other relevant information such as the area of specialization, location, and reviews. 

How Do I Choose a Birth Injury Attorney in New York?

When choosing a lawyer for birth injury in New York, consider the following: 

  • Specialization - Consider opting for a lawyer with experience in the subject area of your interest. For instance, for birth injury, you can work with attorneys who exclusively focus on birth injury claims or those with a broader focus, such as personal injury claims. 
  • Social proof - Read through reviews that the attorney has from past clients. Avoid working with attorneys with complaints against their name and practice. Further, see if the attorney has any awards, recognizing them for excellence in previous work. 
  • Location - Find a local attorney for your lawsuit. Local attorneys have a nuanced understanding of state laws and regulations, and they also have the networks relevant to deliver success. 

How Much Does the Birth Injury Lawyer Average Cost New York?

The cost will vary depending on the lawyer you choose. However, most attorneys will work with an agreed contingency fee, usually 33 - 40% of the settlement amount. A contingency fee means that the attorney only gets paid if they win your case. The fee may not be inclusive of the direct costs of the case, such as paying experts, investigators, court filing fees, and process servers. Always seek clarification on the scope of the contingency fee and have a written agreement with your attorney. 

Do Birth Injury Attorneys Usually Charge for Consultations?

No. Not usually. Most attorneys do not charge for initial consultations, and it is essential to directly ask if the attorney will charge you before booking a consultation meeting. 

An initial consultation is a chance to gauge the suitability of working together. Take all the relevant documents on the birth injury, including medical reports, for the attorney to review. The attorney will listen to your situation, peruse your documents, and determine the suitability of a claim. You also get a chance to assess the lawyer's style, degree of empathy, and whether you would be comfortable working with them.

Frequently Asked Questions

What Causes Birth Injuries?

While there may be several factors that cause birth injuries, engage a lawyer specializing in birth injury claims to determine if the cause is a result of medical malpractice. The attorney, working alongside medical experts, will review the facts of your case, including medical records and birthing tools, to determine whether your doctors meet a reasonable standard of care. 

What Is Childbirth Medical Negligence?

Childbirth medical negligence occurs when a medical professional provides a suboptimal standard of care that causes injury to the baby or mother. It may also be a failure to properly diagnose a condition in the unborn or newborn baby or mother, resulting in complications.

Is There a Time Limit for Birth Injury Claims?

The statute of limitation for personal injury claims is three years from the injury date or when the injury becomes known. For the baby, the time limit begins to run from the date of birth.