Although birth injuries are not as common as they once were, they still happen. Sometimes a birth injury occurs naturally or from circumstances beyond anyone’s control. In other cases, though, they may occur due to errors and negligence on the part of the delivering doctor or other medical staff. These injuries could significantly impact the life of the baby and their parents, especially if the child needs extra medical care that comes at a high expense. Birth injuries may also be very emotionally taxing on parents and other family members. If your child was hurt by a doctor’s negligence during childbirth, an experienced Newburgh birth injury lawyer may be able to help you seek justice for your child’s birth injury.

A seasoned medical malpractice attorney could examine the facts in the case and assess potential legal options that may prove effective for your case. Work with a legal representative that understands birth injury cases and how devastating they could be for a family. Reach out today for an initial consultation.

Defining Birth Injuries

Birth injuries may come in many shapes and forms, but by definition, they generally occur during labor and delivery. Some birth injuries are minor and may heal within a few days to a couple of weeks, but others could be long-term or even permanent, such as a traumatic brain injury.

In addition to physical trauma, birth injuries often cause emotional pain and suffering for the child and their family as they grow, as well as significant financial difficulties. Common types of birth injuries that Newburgh birth injury lawyers often see may include:

  • Head and brain injuries, including brain bleeds and broken skulls
  • Nerve injuries to the face, spinal cord (paralysis), arms, hands, phrenic nerve (difficulty breathing), and neck
  • Fractures to the collarbone, legs, or arms
  • Perinatal asphyxia due to decreased blood flow to the baby’s tissues before, during, or after delivery
  • Skin and other soft tissue injuries, including bruising caused by forceps or a vacuum delivery

Birth Injury Filing Deadlines

As per New York Civil Practice Law and Rules §214-A, plaintiffs in a birth injury case have a time limit of two years and six months to file their lawsuit. However, there are some scenarios—legally referred to as “tolls”—that may freeze the proverbial clock in the deadline to file.

The most common toll in a birth injury case is listed under New York CPLR §208. Under this toll, the statute of limitations periods would not begin until the minor becomes an adult. Upon the minor’s 18th birthday, they would then have 30 months to file their lawsuit.

Families who have questions about how the statute of limitations might run in their case may want to consider contacting a qualified attorney. Even though the infancy toll exists, the sooner a family contacts a Newburgh birth injury lawyer, the better the evidence and facts could be preserved in a birth injury case.

Talk to a Newburgh Birth Injury Attorney

A child suffering a birth injury is a uniquely challenging and heartbreaking setback to experience. Your life and that of your child may have forever changed due to the negligence of medical staff. While you cannot turn back time and change the outcome of your child’s birth, you could pursue justice for you and your child. A fair settlement or judgment award may help ensure that your child gets the care they may need for the rest of their life. A compassionate Newburgh birth injury lawyer could assist you with this pursuit by reviewing your birth injury case, detailing your legal options and rights, and potentially helping to file suit in civil court. Call today to find out how a dedicated injury attorney may be able to help.