Finding the Right New York Birth Injury Lawyer

In the United States, roughly 10 percent of live births involve some complications, and about 10 percent of those incidents involve serious, and often permanent, injuries. This makes the United States one of the leaders in serious birth injuries in the developed world.

The statute of limitations in a medical malpractice claim is usually two years. However, no matter how old the child is, the family may still have legal options. According to the delayed discovery rule, the statute of limitations doesn’t begin until victims know the full extent of their injuries, and they connect those injuries with a defendant’s wrongful conduct.

This medical malpractice could occur before, during, or after the delivery. The same fiduciary duty of care applies at each stage. During prenatal visits, or during pre-delivery medical record reviews, doctors have a legal duty to spot red flags and fully account for them. During the delivery, if things go wrong, doctors cannot turn to forceps, vacuum extractors, or other risky delivery aids. After the delivery, if there’s an issue, doctors must send infants to the NICU and keep them there until they’re well enough to go home.

Over a lifetime, a seriously disabled child often incurs tens of thousands of dollars in medical bills. Most families have no way to pay these expenses out of pocket. So, the compensation that a New York medical malpractice lawyer obtains gives these families the financial resources they need. Additionally, and perhaps more importantly, legal actions mean adverse publicity for negligent doctors and the hospitals or clinics that employ them. This publicity, along with punitive damages, forces them to change the way they do business.

Experience of the New York Birth Injury Lawyer

Years of experience are critical. As mentioned, birth injury claims are quite complex, and evidence collection is one of the most complicated tasks Since the injury may have occurred years or decades earlier, a New York medical malpractice lawyer must know what evidence to look for, and where to look for it.

Many attorneys, even medical malpractice attorneys, practice law for years and hardly ever see the inside of a courtroom. It’s true that the majority of these claims settle out of court, and these resolutions usually benefit victims on several levels. However, your attorney must be ready, willing, and able to go to the mat for you if necessary.

Accessibility of the Birth Injury Lawyer

Avoid overly accessible lawyers. If an attorney never seems very busy, always responds to your questions within a few hours, and has time to meet with you, it’s likely that the attorney doesn’t have many clients. That reason is usually a lack of experience, vision, and/or dedication.

Victims should also avoid inaccessible lawyers. Traveling across New York City to meet with your attorney is very difficult, especially if the family has a disabled child.

Injuries at Birth and Attorney Dedication

The takeaway is clear. A New York medical malpractice lawyer should be dedicated to protecting the rights of victims.

Injury victims may receive substantial compensation if they have the right New York medical malpractice lawyer. Contact Napoli Shkolnik, PLLC now for a free consultation.