Everything You Need to Know About Filing a Birth Injury Claim

Lever & Ecker, PLLC March 27, 2023 Personal injury

When you see your OB/GYN and other medical professionals, you trust them to take the best care of you and safely bring your child into the world. Unfortunately, doctors and nurses sometimes make mistakes, which can cause harm to you and your baby. According to available data, 28,000 babies are born with birth injuries every year in the United States. Birth injuries may occur due to the careless or negligent actions of the medical professional or professionals handling the delivery or other birth operation. More serious birth injuries can have life-long repercussions for both the mother and child. 

At Lever & Ecker, PLLC, we understand the pain and trauma birth injuries can cause. Our compassionate lawyers allow you to focus on recovery and your personal needs by handling every aspect of your claim. In our 65+ years of collective experience, we have successfully represented thousands of New Yorkers using our high-quality legal services and personalized solutions. We understand the birth injury claim process is complicated, so we use our vast legal knowledge to help you grasp the scope of your claim and what to expect throughout the process.

4 Elements of a New York Birth Injury Claim

The aftermath of a birth injury can be overwhelming. The professional lawyers at Lever & Ecker, PLLC, understand how to build a solid case and can help you achieve your deserved compensation while you focus on the recovery of mom and baby. We can guide you through every step of your claim, which includes establishing the following:

1. Proving that the medical professional owned a duty of care to the injured party. This will require establishing the generally accepted proper standard of care under the particular circumstances in the medical community. A medical expert will be required to testify about the applicable customs and practices and standards of care under the circumstances.
2. Proving that the medical professional breached their duty of care. This means that it must be established that the medical professional failed to provide the appropriate care to the mother and/or baby and deviated from applicable customs and practices. Again, a  medical expert will be required to testify to the medical professional’s breach from the applicable standard of care surrounding the birth injury.
3. A medical professional’s mistake alone is not enough to establish a birth injury claim. It must be shown that the medical professional’s mistake caused the birth injury. In other words, you have to show that if it wasn’t for the medical professional’s error, or failure to act, the injured infant would not have been injured.
4. Finally, you must prove the losses that you have experienced due to the injury, which are called damages. Damages can be non-economic, such as pain and suffering, or economic, such as medical bills. Depending on the severity of the injuries to you and/or your child, and other details of your claim, potentially recoverable costs include:

• Pain and suffering (past and future)
• Lost wages and income (past and future)
• Loss of earning capacity
• Medical expenses (past and future)
• Disability
• Surgery costs
• Hospital bills
• Emotional distress
• Physical therapy
• Medications costs
• Punitive damages

These economic and non-economic damages are challenging to track and calculate on your own, so we can organize all your evidence to prove your claim’s worth accurately. Additionally, the evidence gathered to prove liability can also establish the damages you sustained due to a medical professional’s negligence. 

If you believe your child was the victim of a medical error, the dedicated lawyers at Lever & Ecker, PLLC can gather and analyze the evidence, such as medical records, bills and statements, and witness testimony, to build a strong claim and hold the responsible medical professionals accountable. You can trust that our attorneys will negotiate on your behalf to help you achieve the most successful resolution possible.

Statute of Limitations

When filing a birth injury claim, it is crucial to note that NY CPLR § 214-A (2016) gives victims two and a half years from the date the injury occurred to file the claim. However, if the claim is against a municipal hospital or federally funded clinic, a Notice of Claim must be filed within just 90 days after the claim arises. Furthermore, the statute of limitations for filing a birth injury claim can be tolled for up to 10 years. This means that, for example, if the child has a birth injury that resulted during labor or delivery, the claim must be made by the time the child turns age 10.  While this may seem like plenty of time, these claims can often be complicated, especially when they involve major municipal hospitals and federal funded clinics. Our highly-skilled, experienced lawyers can take on any challenge and timely file your claim, so you do not have to worry about meeting the tight deadline.

Learn More About New York Birth Injury Claims From a Trustworthy Lawyer at Lever & Ecker, PLLC

If you or your child suffered injuries during the birthing process due to a medical professional’s negligence, you may be entitled to compensation for your damages. However, filing a claim is a time-consuming, intimidating process. With the representation of an award-winning lawyer at Lever & Ecker, PLLC, you can take the time you need to heal and focus on your family while we manage every element of your claim.

We take the difficult tasks, like gathering evidence and negotiating with insurance companies off your plate, so you can have a stress-free experience. Our decades of combined experience and proven track record of successful claims can ease your worries about properly filing a strong claim on time. We work in your stead from start to finish to give you the top-tier representation you deserve, and we are willing to go to trial if that is what it takes to resolve your case. To schedule a consultation, fill out our contact form or call (914) 288-9191 or (718) 933-3632.