Queens Birth Injury Lawyer
Birth injuries have the potential to impact a child, their parents, and their families for a lifetime. Pain, as well as physical, mental, and emotional disabilities, can arise out of birth injuries. The financial burden of paying for such injuries could be crippling to a family.
At Silberstein, Awad & Miklos, P.C. we are dedicated to helping families in need when others have failed. We use over 30 years of experience to fight for justice for families for the harms they have endured. Our team has successfully won millions of dollars for clients in medical malpractice suits.
Our skilled Queens birth injury lawyers have the knowledge and the resources available to help fight for your rights. Our legal team and a team of medical specialists work together in building cases and presenting evidence illustrating malpractice.
You have the right to hold the responsible party accountable for their negligent actions. Speak to one of our experienced medical malpractice attorneys to learn how we could help protect your rights and fight for compensation.
Types of Birth Injuries
Birth injury, also known as birth trauma, refers to the injuries sustained by an infant during childbirth. Birth injuries come in many shapes and forms – some of which are permanent and serious. Examples of birth injuries include:
- Bruising, fractures, and broken bones
- Intracranial hemorrhages
- Brachial Plexus Injury
- Cerebral Palsy
- Cephalohematoma and Caput Succedaneum
- Hypoxic-ischemic encephalopathy (HIE)
Our compassionate birth injury attorneys in Queens work with medical experts to determine whether a child’s injuries were due to the negligent actions of a physician or medical facility. If negligence is found, the responsible party could be held liable in court.
Available Damages for Birth Injuries
Damages refers to the losses incurred by a plaintiff as a result of the negligent actions of a defendant. Our Queens birth injury lawyers have experience fighting for many types of damages, including:
- Pain and suffering
- Lost wages of the parent or caregiver
- Current and future medical bills
- Costs of specialized care
- Mental anguish
- Home modification for a disability
- Loss of enjoyment of life
Unlike many other states, New York law does not limit the amount of damages a jury can award a plaintiff. If your child suffered from a birth trauma, one of our skilled attorneys could help determine how much your claim may be worth and fight tirelessly for the compensation you need.
Who is Liable for Birth Traumas in Queens?
A doctor or physician may not be the only responsible party for a birth injury. In a lawsuit, multiple parties could share responsibility for an individual’s injury and damages. Some examples of those who could be held liable in a birth trauma suit include:
- The delivery physician
- The doctors caring for the mother during her pregnancy, labor, or delivery
- Other medical staff such as nurses or midwives
- The hospital or birthing center
- The manufacturer or distributor of medical supplies and equipment
It is important to speak to a knowledgeable attorney to help determine the responsible party and your legal options moving forward.
How is Compensation Awarded?
New York follows the rules of joint and several liability when multiple defendants are named by the plaintiff. This means that the plaintiff may be able to collect compensation from one defendant, several defendants, or all defendants in the case.
Joint liability means all defendants contribute and pay the plaintiff the full award as per New York Civil Practice Law and Rules §1601. For several liability, defendants who are found to be less than 50 percent liable are responsible only their assigned portion of damages.
Comparative Negligence Fault
In some cases, a jury may determine that the plaintiff carries some liability for damages. This concept is known as the comparative negligence rule. Under New York Civil Practice Law and Rules §1411, plaintiff liability reduces the amount of compensation but does not completely bar them from recovery. It is best to speak to a seasoned Queens birth injury lawyer to learn how liability applies to your case and the legal options available to you.
Speak to a Queens Birth Injury Attorney
If your child suffered from a birth injury, you may feel helpless and unsure of how to proceed. A compassionate birth injury attorney could help you receive compensation for the damages you and your child have suffered.
At Silberstein, Awad & Miklos, P.C., we work hard in the name of justice. We stand by our clients’ side every step of the way throughout the legal process. With our team of medical advisors and decades of fighting for patients’ rights, we are experienced in building strong cases for compensation.
Do not delay. Our team of medical professionals and legal advocates are available seven days a week. Contact a Queens birth injury lawyer today.