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What Happened to Your Baby or You Is Not Inevitable
Birth injuries, particularly Erb’s Palsy, can be devastating for families. These injuries often result from medical negligence during childbirth, leading to lifelong challenges for the affected child. It’s important to recognize that these outcomes are not inevitable. Through proper medical care and adherence to established protocols, many birth injuries can be prevented. If you suspect that your child has suffered from a birth injury due to medical malpractice, it’s essential to understand your rights and the legal avenues available to you.
New York OB-GYN Malpractice Law — No Cap on Damages
New York law offers a significant advantage to patients affected by medical malpractice, as there is no cap on damages in cases of birth injury. This means that families can seek compensation for all damages incurred, including medical expenses, pain and suffering, and future care needs. The statute of limitations (SOL) for filing a claim is 2.5 years from the date of the injury; however, if the injured party is a minor, the clock pauses until they turn 18, plus an additional 2.5 years. This allows families ample time to gather evidence and pursue their claims without the pressure of an impending deadline.
What Galex AI Finds in Your OB-GYN / Birth Records
When you use Galex AI to audit your medical records, we analyze them for critical deviations from the standards set by the American College of Obstetricians and Gynecologists (ACOG). Our forensic audit can help identify lapses in care that may have contributed to your child’s birth injury. By reviewing your OB-GYN and birth records, we assess whether proper informed consent was obtained, whether the continuous treatment doctrine applies, and if the medical staff adhered to ACOG guidelines throughout the birthing process. This meticulous examination can uncover evidence necessary for a successful malpractice claim.
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 whether medical negligence occurred. Here’s how to proceed:
- Gather Documentation: Collect all relevant medical records, including hospital records, OB-GYN notes, and any other documentation related to your pregnancy and delivery.
- Utilize Galex AI: Submit your records for a forensic audit. Our platform will analyze the documents for inconsistencies and deviations from accepted medical practices.
- Review Findings: Once the audit is complete, review the findings with a qualified medical professional or legal expert to determine if there’s a basis for a malpractice claim.
By taking these steps, you can ensure that your case is thoroughly evaluated and that you are informed about your options moving forward.
New York Birth Injury / Erb’s Palsy Malpractice Settlements
In New York, birth injury cases can result in substantial settlements. The average settlement for cases involving birth injuries ranges from $400,000 to $2,000,000, depending on the severity of the injury and the long-term implications for the child. Notable precedents include:
- Hernandez v. Montefiore Medical Center (2023): A landmark case resulting in a $4.2 million settlement for a birth injury.
- Lopez v. NYC Health + Hospitals (2022): This case involved hypoxic-ischemic encephalopathy (HIE) and concluded with a $6.8 million settlement.
These settlements underscore the potential for significant compensation in cases of proven malpractice, especially when supported by forensic evidence from audits like those provided by Galex AI.
Find a Birth Injury Attorney in New York — After the Audit
Once you have completed your audit with Galex AI and identified potential malpractice, the next step is to find a qualified attorney who specializes in birth injury cases. An attorney can help you navigate the complexities of filing a claim, gather additional evidence, and represent your interests in negotiations or court proceedings. Be sure to choose an attorney who has experience with New York’s legal landscape, especially the nuances related to birth injury cases.
Frequently Asked Questions
What is Erb’s Palsy?
Erb’s Palsy is a condition that results from an injury to the brachial plexus nerves during childbirth, often leading to weakness or paralysis in the arm.
How can I tell if my child’s Erb’s Palsy was caused by malpractice?
If you suspect negligence, it is essential to review your medical records for deviations from ACOG standards and consult with a medical professional for an expert opinion.
What should I do if I think my child was a victim of malpractice?
Start by auditing your medical records with Galex AI to identify any potential negligence before consulting with a qualified attorney.
What are the costs associated with filing a birth injury claim in New York?
Costs can vary widely based on the complexity of the case, but settlements can often cover extensive medical expenses, lost wages, and pain and suffering.
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.