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New York Birth Injury Attorneys

New York Birth Injury Attorneys

The Sanders Firm has helped families prosecute serious cases of birth injury malpractice in New York and Long Island. If your child has been injured by birth injury malpractice, our attorneys can help you understand your legal rights.

New York City & Long Island Birth Injury Lawyers

In 2006, nearly 157,700 potentially avoidable injuries were suffered by mothers and newborns during childbirth. Instruments like forceps and vacuums accounted for the highest injury rates, according to the Healthcare Cost and Utilization Project. While the rate of birth injury had declined by more than 20 percent since 2000, the number of medical mishaps in U.S. hospitals was still alarming. It’s said today that the incidence of birth injuries is about 7 in 1,000 live births.

Also read: How Do I Know if My Child Suffered a Birth Injury?

We represent victims and families affected by birth injuries including:

(Birth Injury Glossary of Terms)

It can be all too easy to accept the doctor’s defense that “nothing could be done” to prevent an adverse outcome during childbirth, but time and time again we find that there were many poor decisions leading up to the birth injury. In such scenarios, the only recourse suspicious parents have is to hire birth injury lawyers to help them get to the bottom of what really happened in the delivery room.

Choosing the right NY birth injury lawyer

When considering who should represent your birth injury lawsuit, consider the following questions:

  • What birth injury litigation experience does the firm have? The personal injury field is a broad one that encompasses many cases that are fairly straightforward and lack the complexity of a birth injury case. You don’t want to hire a firm that specializes only in traffic accidents, for instance. You want to find someone with a successful track record of going up against hospitals and doctors in birth injury malpractice suits.  
  • How long will it take for my case to be resolved? A good birth injury attorney understands how long you have been waiting for a reprieve from hefty medical bills and how long you have waited for answers thus so far. Therefore, he or she should be able to give you a general guideline as to how long a medical malpractice lawsuit may take to resolve. Every claim is unique, but most attorneys will tell you that straightforward cases can be wrapped up in as little as six months, whereas more complex litigation can last several years. 
  • Will my birth injury case go to trial? Experienced birth injury attorneys can accurately predict whether it’s more likely for your case to end up in settlement talks or go all the way to trial. Lawyers who try these cases regularly can share their reputation and experience with you, even though each case is handled individually and dependant on a number of different factors. 
  • How much will it cost to resolve my case? Do not trust any law firm that asks for money up-front or charges a “legal consultation fee.” Some have asked clients for $5,000 to $10,000 just to review a case. Typically, if a case is won, clients are charged a portion of their settlement or jury award based on a graduated fee. This should be spelled out in advance. 
  • What is the process for taking legal action? The best lawyers will communicate the process clearly, so you know what to expect. Usually, you begin by signing authorizations so the legal staff can collect your medical records and conduct discovery on your behalf. The lawyer will also have you sign a contingent fee agreement, explaining the terms of legal representation, should you win or lose. Next, the legal team will conduct investigation and liaise with the defendants. From there, meetings with the judge and opposing party will determine whether the case settles or goes to trial. Clients may need to answer written questions, provide a deposition and testify in court. The more you know about what to expect, the more comfortable you will feel with the birth injury attorneys you’ve selected to represent you.    

Recent birth injury settlements & verdicts in NY

The New York Daily News reports that, in 2013, New York City hospitals paid a staggering $131 million for 262 medical malpractice settlements. Many of these lawsuits involved catastrophic birth injuries. In addition to out-of-court settlements for undisclosed sums, there have also been a few high-profile jury awards:

  • $130 million jury award – A Long Island family won the second-largest medical malpractice award in state history due to errors made by the Orange Regional Medical Center in 2002. The little girl was left unable to speak or walk after suffering a brachial plexus injury at birth.
  • $25 million jury award – A Brooklyn family received $25 million in their hospital malpractice lawsuit when a jury determined New York Methodist Hospital was responsible for releasing a newborn suffering from jaundice without proper examination. As a result, the boy was left severely brain-damaged. 
  • $77.4 million award – The doctor’s settlement offer of $2.1 million was rejected in a cerebral lawsuit involving a New York woman whose son suffered cerebral palsy, seizures, blindness and severe disability following his botched delivery at St. John’s Riverside Hospital. Attending staff failed to monitor the baby or respond to signs of fetal distress. The jury ended up awarding the woman $23 million for pain and suffering, $6 million for medical expenses, $4.9 million for future loss of earnings, $3 million for rehabilitative care and $40 million to cover the cost of round-the-clock care.

What a New York birth injury attorney can do for you

Here’s what you can expect from New York birth injury attorneys at The Sanders Firm:

  • Help obtaining detailed records of your deliveryOften, requests for information and answers are rebuked by hospital staff members, leaving parents of an injured newborn totally in the dark and frustrated.
  • Personalized service and a sympathetic ear for your heartacheCommon complaints we hear by victims of birth injuries are that “no one would listen” and “no one seems to care.” Birth injury lawyers are passionate in their pursuit of justice and give every case their unwavering support.
  • A fight to secure maximum compensationAs one of the largest personal injury firms in New York, The Sanders Firm will fight to obtain the maximum compensation possible. We put 46 years of combined experience winning multi-million-dollar verdicts and settlements to work for you.
  • Negotiate pre-trial settlements or prepare documents for trial: Your birth injury attorney will collect evidence, access expert witnesses and take care of everything needed to build a compelling case that will either settle outside of court or provide a compelling presentation to juries.

The Sanders Firm: where success is a tradition

Representing the rights of New Yorkers for more than forty years, The Sanders Firm boasts an accomplished team of birth injury lawyers, paralegals, health care consultants and administrators. You can call 516-741-5252 – any time, 24 hours a day, 7 days a week – to discuss your potential claim with a knowledgeable expert. You pay nothing unless you recover compensation in your claim.

  1. HCUP – Potentially Avoidable Injuries To Mothers and Newborns During Childbirth https://www.hcup-us.ahrq.gov/reports/statbriefs/sb74.jsp 

  2. Right Diagnosis – Statistics About Birth Injuries https://www.rightdiagnosis.com/b/birth_injury/stats.htm

  3. NY Daily News - Disabled Brooklyn boy awarded $25 million in untreated jaundice case against New York Methodist Hospital  https://www.nydailynews.com/new-york/brooklyn/methodist-hospital-malpractice-article-1.1522103

  4. NY Daily News – Hospitals’ Malpractice Costs Drop By $3 Million From Last Year https://www.nydailynews.com/new-york/hosps-131m-errors-malpractice-costs-drop-article-1.1456979

  5. NY Daily News – Hospitals’ Malpractice Costs Drop By $3 Million From Last Year https://www.nydailynews.com/new-york/hosps-131m-errors-malpractice-costs-drop-article-1.1456979

ATTORNEY ADVERTISING. Past results do not guarantee future outcome.