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What Happened to Your Baby or You Is Not Inevitable
Experiencing a birth injury, such as Erb’s Palsy, can be devastating for families. This condition often arises from complications during delivery, typically due to excessive pulling on the baby’s head or shoulders during a difficult birth. The emotional and physical implications can be profound, affecting not just the child but the entire family unit. It’s essential to understand that these injuries are not inevitable and may result from medical negligence.
In New York, if you suspect that the birth injury was due to malpractice, you have rights and options. The legal landscape in New York offers unique advantages for patients, including the absence of a cap on damages, which can lead to significant financial compensation for families affected by birth injuries like Erb’s Palsy.
New York OB-GYN Malpractice Law — No Cap on Damages
One of the most significant advantages for patients in New York is that there is no cap on damages in medical malpractice cases. This means that if your child has suffered a birth injury due to negligent actions by medical professionals, you can seek compensation for all your damages, including past and future medical expenses, lost wages, and pain and suffering.
New York’s statute of limitations (SOL) for filing a malpractice claim is 2.5 years from the date of the injury. However, for minors, the clock is paused until they reach adulthood, giving families additional time to pursue a claim. This is known as the infancy toll, allowing parents to act in their child’s best interest without the pressure of immediate deadlines.
Furthermore, New York adheres to the continuous treatment doctrine, which pauses the SOL during ongoing medical treatment. This is particularly relevant in cases of birth injuries, as children often require long-term care and intervention.
What Galex AI Finds in Your OB-GYN / Birth Records
Galex AI utilizes advanced forensic technology to analyze OB-GYN and birth records in search of potential deviations from the standard of care as outlined by the American College of Obstetricians and Gynecologists (ACOG). By examining these records, we can identify critical factors that may contribute to your case.
Our forensic audits can uncover missing documentation, procedural errors, or lapses in following ACOG standards, which may indicate malpractice. If you suspect that your child’s Erb’s Palsy was caused by a preventable error, our comprehensive analysis can provide clarity and support your case.
How to Audit Your Birth Injury / Erb’s Palsy Records
Auditing your birth injury records is a crucial step in determining if malpractice has occurred. Here are the steps you can take:
- Gather Medical Records: Collect all relevant medical documentation, including prenatal care records, delivery notes, and postnatal care records.
- Identify Key Players: Make a list of all medical professionals involved in your care, including OB-GYNs, nurses, and hospital staff.
- Use Forensic Services: Engage with a forensic auditing service like Galex AI to analyze the records for compliance with ACOG standards and identify any evidence of negligence.
- Consult a Medical Expert: After the audit, consider consulting a medical expert who can attest to any findings and help establish causation.
By following these steps, you can gain a clearer understanding of your case and the potential legal avenues available to you.
New York Birth Injury / Erb’s Palsy Malpractice Settlements
Settlements for birth injury cases in New York can vary widely based on the specifics of each case. On average, settlements for birth injury claims can range from $400,000 to $2 million. Recent precedents demonstrate the potential for substantial compensation:
- The case of Hernandez v. Montefiore Medical Center (2023) resulted in a $4.2 million settlement for a birth injury.
- In Lopez v. NYC Health + Hospitals (2022), a case involving hypoxic-ischemic encephalopathy (HIE), the settlement reached $6.8 million.
These cases highlight the importance of thorough documentation and a solid understanding of both the medical and legal aspects of your claim. With the right evidence, families can secure the compensation necessary for ongoing care and support for their children.
Find a Birth Injury Attorney in New York — After the Audit
Once you have completed your audit and gathered sufficient evidence, the next step is to consult with a qualified birth injury attorney in New York. An experienced attorney can help navigate the complexities of medical malpractice claims and advocate for your rights. They can also assist in evaluating the findings from your Galex AI audit and strategizing the best approach for your case.
When selecting a lawyer, consider their experience with birth injury cases, their track record of successful settlements, and their understanding of New York’s medical malpractice laws. The right attorney will ensure that your case is presented effectively and that you receive the compensation you deserve.
Frequently Asked Questions
What is Erb’s Palsy?
Erb’s Palsy is a condition resulting from nerve damage during childbirth, often affecting a baby’s ability to move their arm. It can occur due to excessive pulling during delivery or shoulder dystocia.
How long do I have to file a claim for malpractice in New York?
The statute of limitations for filing a malpractice claim in New York is 2.5 years from the injury date. For minors, the timeline is extended due to the infancy toll.
What if my child is still receiving treatment for their injury?
The continuous treatment doctrine allows the statute of limitations to be paused while your child is undergoing ongoing treatment for their birth injury.
How can Galex AI help me with my case?
Galex AI provides forensic audits of medical records to identify potential malpractice indicators, helping you build a stronger case for compensation.
Galex AI — Zero-Temperature Forensic Audit
Did your OB-GYN or hospital make a mistake in New York?
New York has NO cap on damages. Audit your medical records with Galex AI before hiring a lawyer — identify ACOG deviations and causation gaps in minutes.
Standard Audit — $99
Premium Deep Analysis — $350
Galex Medical LLC — forensic auditing firm, not a law firm. No legal advice.