(845) 802-0047Learning that your child has received a birth injury diagnosis can be devastating to hear as a parent. If you are wondering what your next step should be, you could benefit from consulting a Kingston birth injury lawyer immediately.
The services of a compassionate medical malpractice attorney could help you hold those who have harmed your child responsible for their negligence. Compensation for your child’s injuries could be critical to managing any medical or financial obstacles caused by such an injury.
Types of Injuries that Occur During Birth
Birth injuries can range from mild to quite severe, and in some cases may even have fatal consequences. These accidents may occur during the labor process, during the birth, or even while the baby is in utero.
In certain instances, birth injuries can be attributed to poor medical care during the prenatal or labor and delivery period. Common birth injuries stemming from such maltreatment include:
- Caput succedaneum, or swelling of the soft tissues in the scalp
- Cephalohematoma, or bleeding underneath one of the cranial bones)
- Bruising or forceps marks
- Facial paralysis
- Bone fractures
- Brain damage from lack of oxygen at birth
Time Limits for Filing a Birthing Injury Case
While it is not expected for a layperson to be a legal expert, there are a few legal concepts that all potential plaintiffs should be aware of. Perhaps the most important of these is the statute of limitations, which is the deadline for filing a personal injury case.
Under New York Civil Practice Law and Rules §214-a, potential birth injury cases must be filed within two years and six months of the occurrence of the incident. It should be noted that while some states allow more time under what is known as the discovery rule, the State of New York does not. As soon as a parent knows or suspects that their child is suffering from a birth injury, they are advised to schedule a consultation with a seasoned Kingston attorney.
Damages Related to Birth Injuries
Birth injuries often result in a plethora of economic and non-economic damages for the entire family. In the context of civil litigation, these damages represent how the child and their parents were inconvenienced or suffered losses. Common recoverable damages in a birth injury case might include:
- Pain and suffering
- Emotional distress
- Mental anguish
- Past and future medical bills
- Past and future lost wages
- Loss of companionship
- Loss of enjoyment of life
Plaintiffs who work with a skilled birth injury lawyer in Kingston may increase their chance of receiving compensation. Additionally, people who were impacted by a birth injury should contact an experienced attorney before accepting any settlements offered by the potential defendant or their insurance company.
How a Kingston Birth Injury Attorney Could Help
A birth injury could cause immense financial and emotional stress on an entire family and change the lifestyle of everyone in a child’s life. A Kingston birth injury lawyer understands the challenges that such an accident may cause you.
While there is no price tag large enough to make up for the losses your child and family may be facing, seeking fair compensation could help alleviate some of the financial pressure placed upon your shoulders. A committed attorney could fight for as much compensation as possible on your behalf. Call today to learn more.