Brain Damage Caused by Birth Injury Medical Malpractice

Having a baby is one of the many joys that people get to experience in their life. However, learning that your baby or child has suffered traumatic brain damage as a result of medical malpractice is a terrible feeling. While you should begin seeking medical care for your child, and collecting evidence related to the act of malpractice immediately, you have up to 10 years from the date of injury to file a claim for medical malpractice. We understand that you want what is best for your child and we want to make sure that his/her future is also secure financially especially if they will require (ongoing) medical care.

Hypoxic-ischemic encephalopathy is a newborn brain injury caused by oxygen deprivation to the brain around the time of delivery. HIE is believed to occur in about two to nine per 1,000 live births, making it the most common type of neonatal encephalopathy (NE), which is a broad term used to describe any disturbed neurological function in a newborn baby.

Roughly 10 to 60 percent of babies with HIE die in the newborn period. At least 25 percent of babies with HIE that survive go on to live with significant brain damage and long-term neurodevelopmental impairments.

Lack of oxygen and subsequent cell death (brain damage) can result in mental and physical disabilities such as developmental delays, learning disabilities, cerebral palsy, and seizures.


Statute of Limitations for Medical Malpractice in New York

In most medical malpractice cases, the statute of limitations is 2.5 years from the date of incident, as found in New York Civil Practice Laws and Rules section 214-a. For children, however, the statute of limitation does not apply while the child is still a minor – once the child turns 18, the clock on the statute of limitations begins running.

However, there is an exception to this, found in New York Civil Practice Laws and Rules section 208: in no case shall more than 10 years elapse from the date of malpractice (or the date of discovery of a foreign object) before a claim is filed. This means that if your child is a victim of malpractice resulting in brain injury at the time of their birth, you have until the child’s tenth birthday to file a claim. Or, if your child is two at the time of malpractice resulting in brain injury, you would have until the child is 12 to file your claim.


How Our Experienced Medical Malpractice Attorneys Can Help

While you may have up to 10 years to file your suit, working with an attorney from the onset of your baby’s brain injury is highly recommended; the process of gathering evidence to prove liability needs to begin now. At the offices of Napoli Shkolnik PLLC, we are here to represent you, and will advise you regarding everything you need to know about filing a malpractice claim for birth injury compensation on your child’s behalf. Please contact us today so that we can begin to help your family.