the law office of dennis p. ryan

medical malpractice lawyer in New York: understanding birth injuries

What are New York birth injuries?

A birth injury typically involves damage or harm suffered by an infant or a mother prior to, during, or shortly after giving birth. Birth injuries vary significantly in terms of severity, with some birth injuries being minor and others being potentially life threatening.

The most common types of birth injuries include:

  • Brain damage

  • Spinal cord injuries

  • Cerebral palsy

  • Erb's palsy

  • Jaundice

  • Broken bones

  • Uterine rupture or inversion

  • Nerve injuries

It is important to understand the difference between birth injuries and birth defects. Birth injuries often result from medical negligence or a medical mistake, whereas birth defects generally result from a person's genetic makeup or from medications.

Birth injuries can be devastating to a newborn and their entire family. If you believe your child has suffered from an injury during or shortly after their birth, you should speak to the attorneys at the Law Office of Dennis P. Ryan immediately to learn what recourse you and your family could seek. Call (212) 441-4352 today, or simply fill out our online contact form to schedule a free consultation.

Proving a Birth Injury Liability in New York

Proving liability for a birth injury is essential to obtain compensation for any damages. Liability generally means showing that a medical professional or hospital's negligence caused the birth injury.

A birth injury claim commonly requires several elements to prove liability. First, there must be a doctor/patient relationship between the harmed individual and the negligent doctor. Next, there must be proof of the doctor's breach of the medical standard of care, which is measured based on a doctor with similar experience and education acting under similar circumstances. Finally, there must be a causal link between the doctor's breach of the medical standard of care and the injured person's birth injury and damages.

Although birth injuries can be significant and terrifying, not all birth injuries result from medical negligence or result in a lawsuit. For example, some birth injuries are unpreventable or caused by mistakes that do not reach the level of negligence.

New York Birth Injury Compensation

The amount and types of compensation available to an individual in a birth injury case vary greatly based on the specific circumstances of the case. With that being said, the common types of damages awarded in a birth injury case include economic damages and non-economic damages.

Economic damages include the monetary amounts that an injured party pays as a result of the birth injury sustained from a doctor's negligence. Some of the common forms of economic damages include:

  • Past and future medical expenses

  • Costs for life support and ongoing care

  • Costs for therapies

  • Special education coverage

  • Lost wages

On the other hand, non-economic damages commonly relate to losses from the pain, suffering, and emotional trauma experienced after birth injury. Non-economic damages are typically more difficult to calculate due to the lack of documentation and hard evidence.

Do You Need a Birth Injury Attorney in New York?

Birth injury cases are generally difficult to win without an attorney. In fact, it can be difficult for a person unfamiliar with the legal system to properly file a birth injury case without the assistance of a knowledgeable attorney.

For instance, there are several state laws and court rules that must be followed to simply get a case started and ensure that you do not lose the legal right to pursue compensation for a birth injury. The birth injury attorneys at the Law Office of Dennis P. Ryan have the necessary knowledge and resources to perform an extensive investigation into your case's circumstances and to obtain the medical experts needed to prove a breach of the medical standard of care. You and your child should not continue to suffer after a birth injury. Call us today at (212) 441-4352 to learn how we can help you.

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recent results

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recent results |

  • The Law Office of Dennis P. Ryan was able to win an important motion to allow a Department of Sanitation Supervisor to bring a Personal Injury Claim against the City of New York. Anyone who plans to sue a municipality in the State of New York, must file a Notice of Claim within 90 days of the date of the accident. A New York City Sanitation Supervisor recently contacted our law firm 5 months after the accident, and more than 2 months after the Notice of Deadline had passed. Our office was successfully able to convince the Court that our client's claim fell under an exception and should be allowed to proceed. Our client is now likely going to be able to receive money for his pain pain and suffering and lost wages.

  • Our client was a Sanitation Worker who was hit by a car while he was servicing his route. He suffered an ankle injury that required him to go for Physical Therapy for 1-2 months. Even though he did not need any injections or surgery, we were able to convince the insurance company to offer the full amount of its $25,000 to settle the case. We were able to achieve this settlement before our client needed to appear for a deposition.

  • Our client was a Sanitation Worker who was hit by a car while he was servicing his route. He had to have a shoulder surgery and missed several months of work, losing Chart Money, Truck Money and Overtime Money. We filed a lawsuit on his behalf in Kings County (Brooklyn). Our office was able to settle case for the full amount of the driver's Insurance Policy. We were able to achieve this settlement before our client needed to appear for a deposition.

  • Our office was able to settle a case for the full amount of Insurance Policy for Pedestrian who tripped and fell on sidewalk in Nassau County. This was a tough case in a tough venue for Plaintiff's attorneys. Our client had contacted 2 previous law firms who declined her case because they thought it would be too difficult to obtain a settlement. Our office was not only able to settle the case but we were able to persuade the insurance company to offer the full amount of its insurance policy to settle the case.

  • Our office was able to obtain a settlement for $95,000 (out of a total of $100,000) for a Sanitation Supervisor who hurt his ankle in a car crash. The insurance company for the other driver made several motions to the court asking the Judge to dismiss the case. We were able to defeat each of these motions and eventually settle the case for $95,000. This was more than 3 times the initial settlement offer that the insurance company made.

  • Our client fell on a broken sidewalk in the Bronx in front of a 1 family house. We brought a lawsuit against the City of New York and the insurance company for the homeowner. Our client aggravated injuries to his ankle that he had suffered years ago while playing sports. The Insurance Company made a Motion to the Court asking to dismiss our case. We were able to defeat this Motion and we were eventually able to settle this case against the City of New York and the Insurance Company for a total of $75,000.

  • Our office was able to obtain a settlement of $97,500 out of a possible $100,000 in available insurance coverage for a Car Crash that happened in New Jersey. Our client was involved in a 2 car crash. She had a stop sign and the other driver did not have a stop sign. For that reason, the insurance company claimed that the crash was completely the fault of our client. Our firm hired investigators who canvassed the scene for witnesses, photos and videos of the crash. We were able to prove that the other driver was driving too fast for the intersection and was also at fault for the crash.

  • Our office was able to obtain a settlement of $170,000 for a woman who slipped and fell on ice on the stairs of the house that she rented an apartment at. Her landlord's insurance company argued that the landlord had done everything it could to prevent our client's fall. We were able to prove that the landlord had not properly shoveled and salted the steps before our client's fall.

  • Our Office settled a case for a Sanitation Worker who tripped and fell on uneven pavement inside his Sanitation Garage and hurt his ankle. The Worker had several prior Line of Duty Injuries (LODIs) where he had also hurt his ankle. Our office was able to prove that this LODI aggravated the old injuries and made the injuries worse.