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What Happened to Your Baby or You Is Not Inevitable
Birth injuries, including Erb’s Palsy, can have devastating consequences for families. These injuries are often the result of preventable medical errors during delivery. It is essential to understand that what happened to your baby or you is not inevitable; it may be due to negligent actions by healthcare providers. If you suspect that your child’s Erb’s Palsy was caused by a birth injury due to medical malpractice, auditing your medical records can provide critical insights into the circumstances surrounding the birth. Understanding your rights and the potential for recovery can help you navigate this challenging situation.
New York OB-GYN Malpractice Law — No Cap on Damages
New York is unique in its legal landscape, particularly concerning medical malpractice claims. One of the most significant advantages for patients in New York is that there is no cap on damages for malpractice claims. This means that if you can prove that your birth injury case is valid, there is no limit to the compensation you can seek. This includes damages for pain and suffering, medical expenses, and other related costs. Moreover, New York law provides a statute of limitations (SOL) of 2.5 years for filing a claim, with specific provisions allowing for an infancy toll. This toll pauses the statute of limitations for minors until they reach the age of 18, plus an additional 2.5 years, giving parents more time to pursue a claim on behalf of their children.
What Galex AI Finds in Your OB-GYN / Birth Records
When you audit your medical records with Galex AI, you benefit from advanced forensic analysis that identifies deviations from accepted standards of care established by the American College of Obstetricians and Gynecologists (ACOG). These standards are critical in assessing whether your OB-GYN acted negligently during the delivery. Our audit can highlight gaps in causation and other critical factors that might have contributed to the birth injury. Notably, without forensic evidence, the rejection rate of claims can be as high as 63%, underscoring the importance of a thorough audit to support your case.
How to Audit Your Birth Injury / Erb’s Palsy Records
Auditing your birth injury and Erb’s Palsy records is a crucial step in understanding the events surrounding your child’s birth. Start by gathering all relevant medical records, including delivery notes, prenatal care records, and any follow-up care documentation. Next, engage with Galex AI to conduct a forensic audit. The audit process involves a detailed review of your records to identify any negligence or deviations from the standard of care. By pinpointing these discrepancies, you will be better prepared to build your case and pursue any potential claims against the responsible parties. Remember, the continuous treatment doctrine also pauses the statute of limitations during ongoing treatment for the injury, providing further leverage in your case.
New York Birth Injury / Erb’s Palsy Malpractice Settlements
The financial implications of birth injuries can be profound, and settlements in New York have been substantial. Recent cases have highlighted the potential for significant compensation. For instance, in Hernandez v. Montefiore Medical Center (2023), a birth injury case resulted in a settlement of $4.2 million. Similarly, Lopez v. NYC Health + Hospitals (2022) saw a $6.8 million settlement related to hypoxic-ischemic encephalopathy (HIE). On average, birth injury settlements in New York range from $400,000 to $2 million, depending on the specifics of the case and the extent of the injuries suffered. Understanding these precedents can help you gauge the potential value of your claim.
Find a Birth Injury Attorney in New York — After the Audit
Once you have completed your audit and have a clearer understanding of the circumstances surrounding your child’s birth injury, the next step is to find a birth injury attorney who specializes in medical malpractice cases in New York. An experienced attorney can help you navigate the complexities of your case, advocate on your behalf, and ensure that your rights are protected. They will utilize the forensic evidence gathered during your audit to build a compelling case that can lead to a successful settlement or verdict. Make sure to choose an attorney with a proven track record in handling birth injury cases, as their expertise will be invaluable in your pursuit of justice.
Frequently Asked Questions
What is Erb’s Palsy?
Erb’s Palsy is a condition that arises from an injury to the brachial plexus nerves during childbirth, often resulting in weakness or paralysis of the arm. It can occur due to excessive pulling during delivery or shoulder dystocia.
How can I determine if my child’s Erb’s Palsy was caused by medical malpractice?
Consulting with a medical malpractice expert and conducting a thorough audit of your medical records can help identify any negligence or failure to adhere to ACOG standards during delivery.
What should I do if I suspect my OB-GYN was negligent?
Document all relevant information regarding your pregnancy and delivery, and engage with Galex AI for a forensic audit of your medical records to establish a foundation for your case.
How long do I have to file a birth injury claim in New York?
In New York, the statute of limitations for filing a birth injury claim is 2.5 years, with an infancy toll that extends this period for minors.
Can I receive compensation for my child’s ongoing medical treatment?
Yes, in New York, you can seek compensation for past and future medical expenses related to your child’s birth injury, including ongoing treatment costs.
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.