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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.
Were your medical records handled correctly? Find out — free.
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What Happened to Your Baby or You Is Not Inevitable
Experiencing birth injuries or hypoxic-ischemic encephalopathy (HIE) can be devastating for families. These conditions may arise due to medical negligence during pregnancy, labor, or delivery. It’s crucial to understand that such outcomes are not inevitable and may be preventable. In many cases, the actions or inactions of healthcare providers can significantly affect the health of both mother and child. If you suspect that medical malpractice played a role in your or your baby’s condition, there are steps you can take to investigate and seek justice.
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 in medical malpractice cases. This means that if you successfully prove your case, you can potentially receive compensation that accurately reflects the severity of your injuries and the impact on your life. In New York, the statute of limitations (SOL) for filing a medical malpractice lawsuit is 2.5 years from the date of the incident, but this can be extended for minors due to the infancy toll. For children, the SOL is paused until they turn 18, plus an additional 2.5 years. This unique aspect of New York law allows families more time to pursue legal action when a child is involved.
What Galex AI Finds in Your OB-GYN / Birth Records
Galex AI specializes in forensic audits of medical records, specifically focusing on OB-GYN and birth-related documentation. Through our advanced technology, we can identify deviations from ACOG (American College of Obstetricians and Gynecologists) standards, which are critical in assessing the quality of care provided during childbirth. Our audits can uncover gaps in causation—essentially, how the actions of healthcare providers may have led to your or your baby’s condition. By pinpointing these discrepancies, you can strengthen your case if you decide to pursue legal action.
How to Audit Your Birth Injury / HIE Records
Auditing your medical records is a crucial step in understanding whether malpractice occurred. Here’s how you can go about it:
- Collect Your Records: Request copies of your birth records, including prenatal care, labor, delivery, and postnatal care documentation.
- Engage with Galex AI: Utilize our forensic auditing services to analyze your records. Our team will assess the documents against ACOG standards and highlight any potential malpractice indicators.
- Understand Your Findings: Review the results of the audit carefully. Look for any deviations from standard care that may have contributed to the birth injury or HIE.
New York Birth Injury / HIE Malpractice Settlements
In New York, average settlements for birth injury and HIE cases can range from $1.5 million to $10 million, depending on the severity of the injury and the circumstances surrounding the case. Notable precedents include:
- Hernandez v. Montefiore Medical Center (2023): This case resulted in a $4.2 million settlement due to proven malpractice surrounding a birth injury.
- Lopez v. NYC Health + Hospitals (2022): A significant case involving HIE led to a $6.8 million settlement, reinforcing the importance of adhering to ACOG standards during childbirth.
Such cases exemplify the potential for substantial compensation when medical negligence is proven, especially in a state like New York that offers no cap on damages.
Find a Birth Injury Attorney in New York — After the Audit
Once you have conducted an audit of your medical records and identified potential malpractice, the next step is to seek legal counsel. Finding a qualified birth injury attorney in New York is crucial for navigating the complexities of medical malpractice cases. An experienced attorney can guide you through the legal process, help you understand your rights, and work tirelessly to secure the compensation you deserve.
Frequently Asked Questions
What is hypoxic-ischemic encephalopathy (HIE)?
HIE is a type of brain injury that occurs when the brain does not receive enough oxygen and blood flow, often during labor and delivery.
How long do I have to file a lawsuit for a birth injury in New York?
You have 2.5 years from the date of the incident to file a lawsuit, with extensions available for minors.
What should I do if I suspect medical malpractice?
Consider auditing your medical records with Galex AI to identify any deviations from standard care before pursuing legal action.
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.