No parent expects or wants their child to be born with an injury or disability. However, when a baby is born with a birth injury, families often worry about their child’s future and how they are able to pay their bills and still afford the care they require.

By working with a knowledgeable Newburgh birth injury lawyer, parents could fight for compensation when their child’s condition is caused by the negligence of a healthcare provider. Receiving compensation with the help of a medical malpractice attorney could help families ensure the best care for their child and help secure their future.

How are Birth Injuries Caused?

Birth injuries are defined as physical harm caused to a baby during or near birth. They may be caused by many things such as fetal oxygen deprivation, trauma from impact during delivery, premature birth, and other types of medical negligence. In some cases, a birth injury simply causes bruising or cuts that heal relatively quickly, and other times a birth injury includes permanent injuries that cause disabilities for the rest of the child’s life.

Common birth injuries include:

  • Hypoxic-ischemic encephalopathy (HIE) which occurs when the brain is lacking appropriate amounts of oxygen at birth
  • Cerebral palsy, a motor development condition potentially caused by several different problems such as a head injury or infections
  • Brachial plexus injuries and Erb’s palsy which impact nerves
  • Bleeding of the brain which could lead to permanent brain injuries and disabilities
  • Periventricular leukomalacia (PVL), a permanent injury to the white matter in the brain related to trauma or lack of oxygen

Parents of children who have sustained any of these birth injuries or others might want to consult with a Newburgh birth injury attorney to determine their legal rights. Birth injuries might be permanent and debilitating causing families to need financial compensation, which may come from those who caused the injury.

Newburgh Birth Injury Cases Require Certificate of Merit

As a part of tort reform to reduce unnecessary lawsuits, New York enacted New York Civil Practice & Law Rules §3012-a. Under this law, a birth injury lawyer in Newburgh must file a certificate of merit when they file a legal claim in court.

A certificate of merit is a document that the plaintiff’s attorney uses to state that they either met with a medical expert in the same field as the defendant or made three attempts to meet with different medical experts but were unable to do so. If they did meet with a medical expert, the expert must examine the facts in the case and agree that a legal claim is warranted.

Call a Compassionate Newburgh Birth Injury Attorney

Some birth injuries are circumstantial and cannot be avoided, but others are linked to the negligence of medical care providers. If your child’s birth injury was caused by a doctor, a Newburgh birth injury lawyer could represent your claim and fight for the compensation that you deserve.

The first step in this process is scheduling a consultation with a seasoned attorney who understands the financial and emotional burdens of your case. Call today to learn more.

Newburgh Birth Injury Lawyer