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What Happened to Your Baby or You Is Not Inevitable
Birth injuries can have a profound and lasting impact on both the child and the family. Conditions such as Erb’s Palsy, which often result from improper handling during delivery, can lead to lifelong challenges. If your baby has developed Erb’s Palsy, it is crucial to understand that such injuries are often preventable and may be the result of malpractice. Recognizing this fact is the first step toward seeking justice and compensation for the suffering endured.
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 for medical malpractice claims, including those related to birth injuries like Erb’s Palsy. This means that if you pursue an Erb’s Palsy settlement in New York, you can potentially recover the full extent of your economic and non-economic damages, which may include medical expenses, long-term care needs, pain and suffering, and lost wages.
New York’s statute of limitations (SOL) for medical malpractice is 2.5 years from the date of the incident, but this timeline is subject to exceptions. For minors, the SOL is paused until the child reaches the age of 18, plus an additional 2.5 years. Additionally, if the injured party is undergoing continuous treatment for the injury, the SOL may be paused during that time, allowing for greater flexibility in filing a claim.
What Galex AI Finds in Your OB-GYN / Birth Records
Galex AI specializes in forensic audits of medical records, particularly focusing on OB-GYN and birth records. Our AI-driven technology is designed to identify deviations from ACOG (American College of Obstetricians and Gynecologists) standards and potential gaps in causation that could strengthen your case. By analyzing your records, we can find critical evidence that supports your claim and helps you understand whether negligence may have contributed to your child’s condition.
How to Audit Your Birth Injury / Erb’s Palsy Records
Auditing your birth records is a vital step in determining whether malpractice occurred. Here are some steps to consider:
- Gather Your Medical Records: Request copies of all medical records related to your pregnancy, delivery, and your baby’s immediate postnatal care.
- Focus on Key Sections: Pay close attention to the delivery notes, monitoring charts, and any documentation regarding complications or concerns during labor.
- Identify Deviations: Look for any inconsistencies or deviations in the standard practices as outlined by the ACOG, such as improper use of delivery tools or failure to respond to signs of distress.
- Engage with Experts: Consider working with forensic auditing firms like Galex AI to conduct a thorough analysis of your records.
New York Birth Injury / Erb’s Palsy Malpractice Settlements
In New York, birth injury claims can result in significant settlements, with averages ranging from $400,000 to $2 million. High-profile cases have set important precedents, demonstrating the potential for substantial compensation in cases of medical negligence. For instance, the case of Hernandez v. Montefiore Medical Center (2023) saw a settlement of $4.2 million for birth injury, while Lopez v. NYC Health + Hospitals (2022) resulted in a $6.8 million settlement for hypoxic-ischemic encephalopathy (HIE). These cases illustrate the importance of having solid forensic evidence to support your claim, as rejection rates without it can be as high as 63%.
Find a Birth Injury Attorney in New York — After the Audit
Once you have audited your birth records and gathered the necessary evidence, the next step is to consult with a qualified birth injury attorney in New York. A skilled attorney can help you navigate the complexities of the legal system, ensuring that your case is presented effectively. They can assist in maximizing your compensation and provide guidance on the next steps to take in your pursuit of justice.
Frequently Asked Questions
What is Erb’s Palsy? Erb’s Palsy is a condition that occurs when the nerves controlling the arm are damaged during childbirth, often due to excessive pulling or improper delivery techniques.
How long do I have to file a claim in New York? The statute of limitations for medical malpractice claims in New York is 2.5 years, but there are exceptions for minors and continuous treatment.
What types of damages can I claim? In New York, you can claim both economic damages (like medical expenses) and non-economic damages (such as pain and suffering) with no cap on the total amount.
Why is forensic evidence important? Forensic evidence is essential in establishing negligence and causation in medical malpractice cases, significantly impacting the likelihood of a successful settlement.
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.