(845) 802-0047If you or your child suffered due to a malpractice event during your labor and delivery, a dedicated Troy labor and delivery malpractice lawyer could help. You could be entitled to a monetary award for your physical and emotional damages and losses.
By scheduling a consultation with an attorney, you could take the steps necessary to pursue compensation, and how long your case might take. Reach out to a compassionate birth injury lawyer today.
Filing Requirements for Troy Labor and Delivery Complaints
In order to receive the compensation that a defendant owes for their negligence, plaintiffs and their delivery malpractice attorney must abide by two main mandates known as the statute of limitations and the certificate of merit.
Statute of Limitations
This is the deadline for filing a lawsuit. In New York, the statute of limitations to file a lawsuit for medical malpractice cases is two years and six months from the date of the incident according to New York Civil Practice Law and Rules § 214-a.
If the claim involves a minor child, the statute of limitations does not begin to run until their 18th birthday. However, their statute of limitations run longer than ten years.
Certificate of Merit
The plaintiff’s labor and delivery malpractice lawyer in Troy must file a certificate of merit when filing the lawsuit in court. To complete the certificate of merit, the attorney must meet with a medical professional who is licensed in the state of New York or elsewhere in the United States. The medical professional must review the facts of the case and agree that there is a merit for filing suit.
Alternatively, an attorney may use the certificate of merit to attest that they made a minimum of three good-faith attempts at meeting with different licensed medical professionals but were unable to do so. A 90-day extension may be provided for filing the certificate of merit if the statute of limitations would prevent the attorney from filing the case on time with the certificate.
Labor and Delivery Malpractice Damages
Injuries sustained from labor and delivery malpractice often have long-term consequences, and sometimes even death. What occurs in the labor and delivery room could limit the mother or child for the rest of their lives. For these reasons, damages in a labor and delivery case may be extensive.
Plaintiffs could pursue both economic and non-economic damages which include:
- Pain and suffering
- Scarring and disfigurement
- Loss of enjoyment of life
- Loss of a bodily function or limb
- Lost wages
- Lost future earning capacity
- Loss of consortium
- Medical expenses
Troy Labor and Delivery Malpractice Attorney
A serious injury to your newborn is one of the most taxing, terrifying experiences a new parent could have. Unfortunately, there is often a substantial amount of medical cost involved that may carry through your child’s lifetime. A Troy labor and delivery malpractice lawyer could act as an advocate during this trying time to fight for the justice your family deserves.
By reaching out and hiring a seasoned attorney, you could be assured that an ally is by your side to get the compensation you need. Schedule a consultation today.