(845) 802-0047Dealing with a birth injury can be particularly jarring. Negligence in Hudson Valley birth injury cases can be an especially frustrating cause. Negligence in a birth injury case refers to any a deviation from the standard of care.
A passionate birth injury lawyer could be a helpful asset to have to understand your rights and to get what you deserve.
How Are Birth Injury Cases Unique?
Hudson Birth injury cases are unique because they generally result in lifelong permanent disability to a child, whether it is cerebral palsy, spastic quadriplegia, Erb’s palsy, or kernicterus. Usually, there is some form of permanency to either the nerve injury or the brain injury. Due to this fact,
Negligence of Mother in Birth Injury Cases
Negligence on the part of the mother can factor into birth injury cases. Some common examples of potential negligence that could be caused by the mother are smoking, drinking, or too much exercise. If there was anything that was deemed inappropriate during the pregnancy, then that may be used as a means to blame the mother for negligence as well.
What is the Statute of Limitations for Negligence in Hudson Valley Birth Injury Cases?
The child has 10 years from the date of birth to bring a lawsuit for a birth injury, but there are two distinct claims. The child has a 10-year deadline for suing. The parents have a two-year and six-month deadline for suing as they have a derivative claim.
This means that their claim is for loss of services arising from having a disabled child. This claim would be brought by the parents as the natural guardians of the child, but those two distinct claims can be brought as part of the same lawsuit.
What Types of Legal Claims for Negligence Are Available to Plaintiffs?
There are two kinds of legal claims that are available to people who have experienced birth injuries. One is a lawsuit against a physician or hospital for medical malpractice. If the attorney declines the case or is not willing to bring a lawsuit, the patient can also file a complaint with the New York State Department of Health, which can be done in writing or online. The benefit of filing a complaint with the New York State Department of Health is that they may investigate the claim, get the records, interview physicians, interview the patient, and find out if there is wrongdoing.
This can help because when the Department of Health completes an investigation, they will issue a report. If the report makes findings of substandard medical care, under New York law, some of those findings may be admissible in court at the trial against the physician or a hospital. For this reason, it is extremely important to file a complaint with the Department of Health in the appropriate cases.
Why A Hudson Valley Medical Malpractice Lawyer is Important
Due to the severity of many of the injuries sustained from birth accidents, there are several steps that should take place following the incident. A life care plan should be created to assess the future medical needs of the child as well, along with help from an economist who would project the loss of earnings to the child arising from the disability and the cost of future medical care.
All of the steps could be assisted by a caring medical malpractice lawyer and give your child a chance at getting what they deserve from this unfortunate circumstance.