Birth Injury Attorney Queens County

Compassionately Pursuing Compensation on Behalf of Our Clients

The prospect of childbirth is both frightening and exciting for any parent. Whether this is your first child or you have been through it before, you want to be certain that you and your baby receive the best care.

If the unexpected happens and you or your child are injured, you probably have a lot of questions. It can be nearly impossible to know whether malpractice was involved, which is why it is important to talk to a birth injury attorney in Queens County who has handled these cases.

Queens birth injury lawyer David Kates is here to offer the guidance you need. With his extensive experience in medical malpractice cases, he can get to the bottom of what happened, to determine whether your doctor, nurse, or other healthcare professional failed to provide a standard level of care before, during, or after delivery. If so, you may be entitled to financial compensation to provide for your child’s medical care, therapy, ongoing treatment, and more.

A just settlement can make all the difference in your ability to provide a stable future for your child. Call (718) 866-3664 to find out more about birth injuries and your child’s lifelong care.

Why Consider Hiring a Birth Injury Lawyer in Queens County?

As a parent, one of the most distressing situations you can face is having your child suffer an injury during birth. It can leave you feeling helpless and unsure of what to do next. In such cases, hiring a birth injury lawyer in Queens County can be crucial in securing the compensation and justice that your child deserves.

At the Law Office of David A. Kates, PLLC, our Queens birth injury lawyers can help you navigate the complex legal procedures involved in filing a birth injury case and represent you in negotiations with insurance companies and medical professionals. Justice doesn’t end with money. Beyond financial compensation, a skilled medical malpractice attorney will work to hold responsible parties accountable for their actions and prevent similar incidents from happening to other families.

Having a birth injury attorney ensures that every legal detail is meticulously handled, relieving you of the burden of navigating legal complexities. The right attorney will offer compassionate, personalized assistance throughout the process, ensuring that your case is resolved in a manner that truly supports your family's needs and future.

Types of Birth Injuries

There are different types of birth injuries. Some are completely preventable, and others may occur due to genetic defects or even reasons unknown. Because these are complex and technical matters, it will take a complete investigation and review of medical records to determine whether the appropriate level of care was administered to the mother and baby.

The following are examples of birth injuries:

Understanding these injuries is a critical step in knowing how to approach their treatment and potential legal action. A thorough medical review and diagnosis can often reveal underlying issues that weren't immediately apparent. Moreover, taking early action can prevent complications and provide a clearer path for recovery and ongoing support.

What Is the Most Common Birth Injury?

Most births happen relatively smoothly; however, birth injuries do occur. From the list above, the most common injuries are bruises, fractures, or broken bones. Clavicle fractures are the most common type of fracture. Swelling or the newborn crying when the area is touched are typical signs of a fracture.

Bruises are very common because of how fragile a newborn’s skin is. Bruises, when they do happen, are commonly found on the face, head, and extremities. They typically happen during the birthing process itself, but can occur if medical equipment, like forceps, is used improperly.

It is essential for parents to monitor their newborns closely for any signs of distress or discomfort following birth. Early detection of these signs can be pivotal in addressing issues swiftly and effectively. In addition, consult with pediatricians regularly to ensure that there are no underlying conditions that might develop or worsen without appropriate care.

Trends in Birth Injury Cases in Queens County

Queens County sees a diverse range of birth injury cases reflecting its large and varied population. These injuries often result from mismanaged prenatal conditions, delivery complications, or postpartum care issues. With continuous advancements in medical technology, awareness around birth injuries has increased, prompting more families to seek legal assistance when faced with potentially preventable injuries. This trend highlights the need for legal guidance to interpret medical complexities and establish liability with clear evidence for successful claims.

Technological improvements in the health sector have also prompted New York hospitals to improve safety standards, leading to an increased understanding of risk factors during childbirth. Localized training programs for healthcare professionals are addressing common causes of birth injuries, which may reduce numbers over time. However, as hospitals work to improve, the legal landscape in Queens County continues to evolve, requiring dedicated legal counsel to navigate successfully.

Role of Medical Records in Birth Injury Cases

Medical records are a vital component in pursuing a birth injury claim, serving as detailed accounts of the medical procedures and decisions made during childbirth. These records help determine whether the medical care given met the standard expected and if any deviations might have contributed to the injury. They are used to establish a timeline and context for events, assisting attorneys in building a compelling case.

Attorneys work closely with medical experts to scrutinize these records for inconsistencies or errors that indicate potential negligence. In Queens County, where medical facilities vary widely in size and capacity, understanding the specifics of each institution's practices can significantly influence the outcome. Ensuring patients have access to their full medical history not only aids legal processes but also empowers them to make informed decisions about their continuing healthcare and any subsequent actions they may need to take.

Understanding the Long-Term Impact of Birth Injuries

Birth injuries can profoundly affect a child’s life, often necessitating continuous medical attention, therapy, and support. Understanding the lasting consequences of these injuries on your child’s development and quality of life is crucial. At Law Office of David A. Kates, PLLC, our seasoned birth injury lawyers in Queens County are dedicated to guiding you through the legal process and pursuing compensation to ensure your child’s long-term care and well-being.

Some potential long-term effects of birth injuries include:

• Cognitive and developmental delays
• Physical disabilities
• Emotional and behavioral challenges
• Ongoing medical expenses
• Educational support and accommodations

By understanding the long-term impact of birth injuries, you can make informed decisions about your child’s care and seek the legal support needed to secure their future.

Addressing these challenges early can play a significant role in mitigating their severity. Access to specialized therapies and educational programs can help children achieve milestones and improve their quality of life. Working closely with healthcare providers will allow you to tailor care plans that suit the specific needs of your child, maximizing their potential for growth and development.

Damages for Birth Injuries in New York

The term “damages” refers to the losses suffered by an injured plaintiff as a result of the negligent acts of the defendant. New York does not place any limit on the amount of damages that a jury can award a plaintiff.

A child and their parents can recover the full amount of damages that their attorney can prove.

Damages which may be awarded in New York birth injury claims include:

• Pain and suffering
• Present and future medical expenses
• Lost wages of the parent or caregiver
• Costs of specialized care
• Ongoing costs for therapy
• Lost earning capacity - a birth injury could cause a permanent disability which may prevent a child from working or may diminish their earning potential

Damages can also cover intangible losses that affect quality of life, such as emotional distress and loss of companionship. These factors often play a significant role in shaping a family's future and need to be accounted for thoroughly during legal proceedings. It is essential to work with professionals who can accurately project and justify the lifelong needs and changes resulting from a birth injury.

Frequently Asked Questions

How Long Do I Have to File a Birth Injury Claim in New York?

In New York, the statute of limitations for filing a birth injury case generally gives parents up to ten years to file on behalf of their child, though this timeframe can vary based on specific circumstances. Understanding the statute of limitations is crucial to ensure that you file within the allowable period. After the statute of limitations has expired, you may lose the opportunity to pursue compensation, regardless of the merits of your case. Consulting early with a knowledgeable attorney from the Law Offices of David A. Kates can help determine the relevant dates specific to your situation and guide you through the initial stages effectively.

What Are the Most Common Causes of Birth Injuries?

The most common causes of birth injuries often involve lack of oxygen, excessive force during delivery, and untreated maternal infections. In Queens County, where there's a mix of high-intensity urban hospitals and smaller local clinics, the variance in care quality can contribute to differing rates of such injuries. Common medical errors include failing to recognize fetal distress, delayed C-sections, and improper use of birth-assisting tools. Enhancing caregiver awareness and intervention can mitigate many of these risks and improve overall birth outcomes. Keeping consistent prenatal appointments and choosing a medical team carefully contribute to safer deliveries.

Can Both Parents File a Claim?

Yes, in New York, both parents typically have the legal standing to file a birth injury claim on behalf of their child. This right allows them to pursue compensation for medical expenses, emotional distress, and the necessary adjustments in lifestyle caused by the injury. By each parent having standing, it strengthens the potential case, as testimonies can encompass broader perspectives and impacts the injury has on the family unit. Consulting with David Kates ensures that all facets of the claim are considered, optimizing the course of legal proceedings to support the child’s needs effectively.

What If I Suspect Medical Negligence Occurred?

If you suspect medical negligence was a factor in your child's birth injury, it's essential to seek legal consultation as soon as possible. Gathering evidence early, including medical records, witness accounts, and potentially relevant documentation will enhance your ability to establish a strong argument. David Kates and the team will help investigate the situation thoroughly, aiming to gather a comprehensive view of what happened. A professional evaluation can pinpoint deviations in standard care, particularly beneficial in environments as diverse as Queens County, where healthcare facilities range widely in their operations.

How Can Free Consultations Benefit My Case?

Scheduling a free consultation with a birth injury attorney like David Kates allows you to explore your legal options without the immediate burden of cost. During this meeting, you can discuss the specifics of your situation, gather insights into your case’s viability, and outline potential next steps. This process provides clarity and direction, helping to determine whether pursuing legal action is the most appropriate path. With obligation-free discussions, families can assess their situation more fully, aligning legal efforts with their child’s best interests. It’s an opportunity to receive personalized guidance before any formal commitment.