Common Misconceptions About Birth Injury Claims

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When it comes to birth injuries, there are numerous misconceptions that can cloud the judgment of parents seeking justice for their child's suffering. These misconceptions often lead to confusion, delays, and missed opportunities for compensation. Hopefully, we can help debunk some of the most common of myths surrounding birth injury claims.

1. Myth: Birth injuries are always the result of medical malpractice

Contrary to popular belief, not all birth injuries are caused by medical malpractice. While negligence is sometimes a factor, birth injuries can also occur due to natural complications or unforeseen circumstances. It is crucial to consult with a qualified attorney who can evaluate your case and determine if medical malpractice played a role.

2. Myth: Birth injury claims are only valid if the baby suffers permanent disabilities

Birth injuries can range from minor to severe, and the impact may not always be immediately apparent. Even if the injury appears minor at first, it is essential to seek legal advice. Some birth injuries may manifest or worsen over time, requiring ongoing medical treatment and resulting in substantial financial burdens. Consulting an experienced attorney can help you understand the potential long-term implications and secure the compensation your child deserves.

3. Myth: Birth injury claims are too expensive and time-consuming

Many parents hesitate to pursue birth injury claims due to concerns about cost and time. However, reputable attorneys specializing in birth injury cases often work on a contingency fee basis, meaning you only pay if they win your case. Additionally, an experienced attorney can guide you through the legal process, minimizing delays and ensuring efficient handling of your claim.

4. Myth: It's too late to file a birth injury claim

Parents often assume that if their child's birth injury occurred years ago, it is too late to seek compensation. However, in New York there is a special statute of limitations for medical malpractice cases involving minors. If a person under the age of eighteen is a victim of medical malpractice, they have 10 years from the date of negligence or 2-1/2 years after turning eighteen to file a lawsuit. However, the time limitations for cases against public hospitals/healthcare facilities are usually shorter and may require a notice of claim before initiating the lawsuit. Consult with an attorney as soon as possible to determine the applicable time limits and protect your rights.

5. Myth: Birth injury claims are only about financial compensation

While financial compensation is an important aspect of birth injury claims, it is not the sole focus. Pursuing a birth injury claim can also shed light on potential medical negligence, leading to improved healthcare practices and preventing similar incidents in the future. By seeking justice for your child, you are advocating for safer medical care and holding responsible parties accountable.

Seek Legal Guidance for Your Birth Injury Claim

Birth injury claims are complex and require specialized legal expertise. If your child has suffered a birth injury, it is crucial to consult with a knowledgeable attorney who can guide you through the process and fight for your rights.

At Law Office of David A. Kates, PLLC, we have extensive experience in handling birth injury claims in Queens, NY, and surrounding areas. Our dedicated team understands the challenges you face and is committed to helping you obtain the compensation your child deserves.