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START YOUR AUDITGALEX AI is an independent medical record audit platform. We are not a law firm and do not provide legal advice.
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What Happened to Your Baby or You Is Not Inevitable
Experiencing a birth injury can be one of the most traumatic events for a family. Conditions such as cerebral palsy often arise from complications during labor and delivery. However, it’s crucial to understand that many of these injuries are preventable. By auditing medical records, families can uncover potential instances of negligence that may have led to the injury. Identifying these critical factors is essential in seeking justice and compensation for the affected child and family.
New York OB-GYN Malpractice Law — No Cap on Damages
For families in New York, one of the most significant advantages in pursuing a birth injury claim is the absence of a cap on damages. This means that victims of medical malpractice can seek compensation for all their losses, including medical expenses, lost wages, and pain and suffering. The statute of limitations for filing a claim is 2.5 years from the date of the injury. However, for minors, this period is extended through an infancy toll, allowing families additional time to file a claim until the child reaches 18 years of age, plus an additional 2.5 years.
The continuous treatment doctrine is another important aspect of New York law. This doctrine allows the statute of limitations to be paused while the patient is receiving ongoing treatment related to the injury. For families dealing with birth injuries, this can provide a critical buffer period for gathering evidence and building a case.
What Galex AI Finds in Your OB-GYN / Birth Records
Auditing medical records is an essential step in determining whether negligence occurred during the birthing process. Galex AI specializes in reviewing OB-GYN and birth records to identify deviations from the standards set by the American College of Obstetricians and Gynecologists (ACOG). This includes analyzing the following:
- Monitoring practices during labor
- Timeliness and appropriateness of medical interventions
- Documentation of informed consent as required by NY Public Health Law §2805-d
- Assessment of fetal health and response to labor
- Post-delivery care and observations
By focusing on these key areas, Galex AI can help determine if medical professionals failed to meet the standard of care, potentially leading to a birth injury such as cerebral palsy.
How to Audit Your Birth Injury / Cerebral Palsy Records
Conducting an audit of your birth injury or cerebral palsy records is a straightforward process with Galex AI. Here are the steps you should follow:
- Collect Medical Records: Request copies of all medical records related to the birth, including prenatal care, labor and delivery notes, and postnatal care records.
- Submit Records for Audit: Use the Galex AI platform to submit your medical records for a comprehensive review.
- Receive Findings: Galex AI will provide an analysis highlighting any potential medical errors or deviations from ACOG standards.
- Consultation: Based on the findings, you can consult with a qualified attorney to discuss your options for pursuing a claim.
New York Birth Injury / Cerebral Palsy Malpractice Settlements
Understanding the landscape of settlements for birth injury cases in New York can provide insight into the potential compensation available. Average settlements for birth injury cases typically range from $2 million to $15 million, depending on the severity of the injury and the circumstances surrounding the case. Recent precedents include:
- Hernandez v. Montefiore Medical Center (2023): A birth injury case resulting in a $4.2 million settlement.
- Lopez v. NYC Health + Hospitals (2022): A hypoxic-ischemic encephalopathy (HIE) case with a $6.8 million settlement.
These cases highlight the importance of having robust forensic evidence and expert testimony, as claims without such support often face a rejection rate of 74%. Thus, a thorough audit of medical records becomes indispensable in strengthening any potential claims.
Find a Birth Injury Attorney in New York — After the Audit
Once you have audited your medical records and identified potential deviations from the standard of care, the next step is to consult with a qualified attorney specializing in birth injury cases. It is essential to choose an attorney who understands New York’s malpractice laws and can navigate the complexities of your case effectively. With the audit findings in hand, your attorney will be better equipped to build a compelling case that maximizes your chances of obtaining a fair settlement.
Frequently Asked Questions
What is the statute of limitations for birth injury claims in New York?
The statute of limitations is 2.5 years from the date of the injury, but this is extended for minors through an infancy toll until the child turns 18, plus an additional 2.5 years.
Are there caps on damages for birth injury cases in New York?
No, New York has no cap on damages, allowing victims to seek full compensation for their losses.
How can an audit of medical records help my case?
Auditing medical records can uncover deviations from ACOG standards and establish a connection between medical negligence and the birth injury, which is critical for a successful claim.
What should I do if I suspect my healthcare provider was negligent during childbirth?
Start by collecting your medical records and then consider an audit with Galex AI to identify potential evidence of malpractice before consulting with an attorney.
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.