Were your medical records handled correctly? Find out — free.
Upload your records and get a plain-language audit showing exactly what happened and whether you have a case.
✓ Plain-language summary
✓ No credit card
What Happened to Your Baby or You Is Not Inevitable
Experiencing a birth injury, particularly Erb’s Palsy, can be devastating for families. The emotional, physical, and financial burdens that accompany such injuries are often overwhelming. However, it’s crucial to understand that not every case of Erb’s Palsy is the result of fate or an unavoidable circumstance. Many instances arise from medical negligence or malpractice during delivery. Understanding your rights and options is vital for you to seek justice and compensation for your child’s injuries.
New York OB-GYN Malpractice Law — No Cap on Damages
One of the most significant advantages for patients in New York is the absence of a cap on damages in medical malpractice cases. This means that if you can prove that your child’s Erb’s Palsy was due to negligence, you could potentially recover significant compensation without the limits imposed in many other states. The legal framework in New York allows for a wide range of damages, including pain and suffering, medical expenses, and future care costs.
According to New York law, specifically NY CPLR §214-a, the statute of limitations (SOL) for filing a medical malpractice lawsuit is 2.5 years. However, if the injured party is a minor, the SOL is paused until the child turns 18, plus an additional 2.5 years. This gives families extra time to assess the situation and gather necessary evidence before pursuing legal action.
What Galex AI Finds in Your OB-GYN / Birth Records
Understanding the complexities of your medical records can be daunting. Galex AI specializes in forensic audits of OB-GYN and birth records to identify potential instances of negligence or deviations from the standard of care as defined by the American College of Obstetricians and Gynecologists (ACOG). Our analyses focus on various critical factors:
- Documentation of informed consent as stipulated by NY Public Health Law §2805-d.
- Assessment of adherence to ACOG standards during prenatal care and delivery.
- Identification of any lapses in monitoring or intervention that may have contributed to the injury.
By utilizing advanced AI technology, we can help you uncover vital information in your records that may support your case for a birth injury lawsuit.
How to Audit Your Birth Injury / Erb’s Palsy Records
Auditing your birth injury records is an important step in determining whether you have a valid case for a lawsuit. Here’s how you can go about it:
- Gather Medical Records: Request all relevant medical records from your healthcare provider, including prenatal and delivery notes.
- Engage a Forensic Auditor: Utilize services like Galex AI to conduct a zero-temperature forensic audit of your records.
- Identify Evidence of Negligence: Look for discrepancies or deviations from the standard care protocols that may have led to the injury.
- Consult a Legal Professional: After the audit, seek legal advice to discuss your options based on the findings.
This proactive approach can provide you with the necessary insights to make informed decisions about pursuing a legal claim.
New York Birth Injury / Erb’s Palsy Malpractice Settlements
Settlement amounts for birth injury cases in New York can vary widely based on the specifics of each case. On average, settlements for Erb’s Palsy cases range from $400,000 to $2 million, depending on the severity of the injury, the long-term care required, and the evidence presented. Recent precedents highlight substantial settlements, such as:
- Hernandez v. Montefiore Medical Center (2023): A birth injury case that resulted in a $4.2 million settlement.
- Lopez v. NYC Health + Hospitals (2022): A case involving hypoxic-ischemic encephalopathy (HIE) that secured a $6.8 million settlement.
These cases illustrate that with the right evidence and legal strategy, significant compensation is achievable for families affected by birth injuries.
Find a Birth Injury Attorney in New York — After the Audit
Once you have completed your audit and gathered substantial evidence of potential malpractice, the next step is to consult with a qualified attorney specializing in birth injury cases. An experienced legal professional can help you navigate the complexities of the law, build a compelling case, and advocate on your behalf. They will analyze the audit results and help you determine the best course of action to seek justice for your child’s injuries.
Frequently Asked Questions
Can I sue for Erb’s Palsy in New York?
Yes, if you believe that medical negligence contributed to your child’s Erb’s Palsy, you may have grounds for a lawsuit. The absence of a cap on damages in New York is particularly beneficial for plaintiffs.
What is the statute of limitations for filing a lawsuit?
The statute of limitations for medical malpractice cases in New York is 2.5 years. For minors, the clock pauses until they turn 18, plus an additional 2.5 years.
How important is forensic evidence in these cases?
Forensic evidence is crucial; cases without it face a rejection rate of 63%. A thorough audit can help uncover this evidence.
What are the average settlements for birth injury cases?
Settlements in New York typically range from $400,000 to $2 million, depending on the specifics of the case.
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.