A birth injury is a devastating setback for a family that was looking forward to a joyous event. While some birth injuries are due to unforeseeable medical complications, some are the direct result of negligence on the part of an obstetrician or another medical professional. Families that suffer losses due to birth injuries caused by medical malpractice have the right to pursue compensation.
At Dansker & Aspromonte Associates, our attorneys stand up for the rights of medical malpractice victims. We have extensive experience handling birth injury cases and can help you seek justice and compensation for your losses. Contact us to speak with a member of our team. A New York City birth injuries lawyer can help.
You Could Recover Many Forms of Damages
A birth injury can significantly impact a child’s growth and development. Children who suffer birth injuries may require ongoing medical treatment, adaptive equipment, adapted living quarters, special education, and other expensive services.
All these forms of care can leave your family with overwhelming medical costs, both immediately after the child’s birth and over the long term. We can help you recover these costs and losses, including:
- Pain and suffering, including the emotional hardship inflicted on your family due to your child’s birth injury
- Medical bills, including the past, present, and projected care costs for your child
- Therapy costs, including speech therapy, physical therapy, and more
- Out-of-pocket costs related to the birth injury, such as medical equipment required in the home
- Lost income, reflecting the days that you missed from work dealing with your child’s health needs
- And more
Our attorneys are focused on helping birth injury victims obtain the compensation they need to lead fulfilling lives.
What We Do for Our Clients
If your child’s birth injury was caused by a doctor or medical provider’s negligence, you may have a medical malpractice case. These are some of the most complicated injury cases to prove.
You may find our team’s help invaluable in a birth injury case, as we have experience handling all the complexities involved. We can take care of the following for you:
Gathering Compelling Evidence of Negligence
Proving that a doctor, nurse, or another professional caused your child’s injury requires compelling evidence. We may gather this evidence through medical records as well as other professionals’ expert testimony that the provider was negligent in your case.
Negotiating a Settlement on Your Behalf
We will handle the back and forth with the doctor or hospital’s representatives, seeking a full, fair settlement every step of the way. We will keep you updated on negotiations, but you do not have to be part of this process.
Litigating for You in Court, if Necessary
We will not hesitate to take your case to court to seek the amount you deserve. In some cases, the other party becomes motivated to offer a settlement when a court date is on the horizon.
Advising You on how Relevant Laws May Affect Your Case
Medical malpractice laws can have an impact on your case. For instance, we’ll advise you on lawsuit deadlines, as there are specific statutes governing malpractice cases.
Standing By Your Side Throughout Your Case
When a family is dealing with a birth injury, the last thing they may want is the challenge of a legal case. We will be by your side through every step, answering all your questions and helping you understand your options.
Results for Our Past Clients
We are proud of our previous successes. In one situation, we recovered $50 million for the family of a four-year-old boy who faced a brain injury during a routine procedure. In another case, we won $2.750 million for a failure-to-diagnose injury.
We will work hard to seek the best possible results for your case as well.
Get Legal Representation at no Financial Risk to You
We know that your bills could be substantial at this time, so we don’t want to add to your financial burdens. We work based on contingency fees, which means that we will get started on your case with no upfront fees involved.
When you work with our team, you don’t need to worry about:
- Hourly rates
- Retainers
- Out-of-pocket costs
- Financing your case up front
We only receive compensation for our efforts if and when we recover a settlement for you.
Types of Birth Injuries We Can Help with
Birth injuries can be caused by negligence on the part of doctors, nurses, midwives, anesthesiologists, other staff members, and the hospital itself. Birth injuries can occur at any time prior to, during, or after labor and delivery, according to MedlinePlus.
We handle a wide range of birth injury cases, including those involving:
- Cerebral palsy
- Erb’s palsy
- Spinal cord injuries
- Brachial plexus injuries
- Premature birth defects
- Maternal birth injuries
- Delayed cesarean section
If you have questions about how we can assist with your child’s birth injury case in New York, take advantage of a free legal consultation. You can have a birth injury lawyer on your side today.
How We Prove That a Provider Was Liable for Your Child’s Birth Injury
While some birth injury cases are more straightforward, other cases can be harder to prove. To demonstrate that a medical provider should be held liable, we will have to clearly show that their negligence directly led to the birth injury—as opposed to some other outside factor.
When we gather evidence for your case, we must prove the following, as explained by Clinical Orthopaedics and Related Research:
- Duty of care: A provider owed your child (their patient), a basic standard of care that other providers would also be expected to offer.
- Breach of duty of care: The provider did not follow through with their obligation to give you or your child appropriate care.
- Causation: Their negligence was the direct cause of your child’s birth injury.
- Damages: You are now facing pain and suffering injuries, bills, losses, and other damages because of the birth injury.
This may seem complicated, but keep in mind that you don’t have to deal with any of these legal details alone. We will help you understand what you need to know about our plan to seek a settlement or award—and then we will handle the rest of your case for you.
Work with a New York Birth Trauma Attorney
Serving Manhattan, Brooklyn, the Bronx, Queens, Staten Island, and Nassau and Suffolk counties, our team at Dansker & Aspromonte Associates is ready to get to work for your family.
If your loved one has suffered due to a birth injury, our New York birth injury law firm is here to help. Contact us by calling (212) 732-2929. Our New York City birth injury lawyers can fight for the compensation you may deserve.