Proving Damages to a Baby in a New York Birth Injury Case: Kingston Medical Malpractice Lawyer

Birth Injury

Do you Know How to Prove Damages to a Baby in a New York Birth Injury Case?  Our Kingston Medical Malpractice Lawyer Explains

Damages in a New York medical malpractice case include past and present pain and suffering, medical bills, future medical bills, lost wages, lost earnings, and related damages.  When a newborn baby suffers a New York birth injury due to New York medical malpractice, proving these damages can be difficult.  That is because future lost wages and medical expenses to a baby is very hard to predict.  Our Kingston medical malpractice lawyer explains some ways that this can be proven.

To prove future medical needs, the baby’s entire medical record will need to go to a life care planner.  A good life care planner will be a doctor or a nurse, or an individual that is supported by a doctor and a nurse.  The life care planner will research and understand the birth injuries to the baby and rely on a doctor to determine what the future needs of the baby will be to a reasonable degree of medical certainty.  This means that the doctor will be able to predict the future proceeds, medications, treatment, care, and other medical expenses that the baby will need during his or her life.  These expenses can be planned out of the baby’s life to determine the cost.  This cost can then be adjusted for inflation over the years, as the cost for something today may be different in 70 years which may be the baby’s life expectancy.  

Pain and suffering and also be determined based on other cases and what other juries and courts have found.  This is achieved through the reasonable compensation statute under New York Law, which is CPLR section 5501 (c).  This looks at all of the related cases with similar injuries and what reasonable minds (triers of fact such as jurors or judges in a bench decision) decide.  Thus, these cases are considered and compared to the instant case.  This is how a baby sustaining a birth injury could be compensated for his or her injuries—based on what another baby was hurt and awarded.

For instance, is a baby is born with cerebral palsy due to New York medical malpractice is awarded $3 million for the first 3 years of his or her life with the condition (past pain and suffering), another baby that is also 3 years old with a similar type of cerebral palsy with similar disabilities may be awarded $3 million as well.

But what do you think?  I would love to hear from you!  Leave a comment or I also welcome your phone call on my toll-free cell at 1-866-889-6882 or you can drop me an e-mail at  You are always welcome to request my FREE book, The Seven Deadly Mistakes of Malpractice Victims, at the home page of my website at