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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
When facing the aftermath of a birth injury or hypoxic-ischemic encephalopathy (HIE), it’s essential to understand that the distressing outcomes you or your baby are enduring are not an unavoidable fate. Birth injuries can arise from various factors, many of which may be attributed to medical negligence. If you suspect that your OB-GYN or the hospital was responsible for a birth injury, it’s crucial to explore your options and rights under New York law.
New York OB-GYN Malpractice Law — No Cap on Damages
New York is unique in its approach to medical malpractice cases, particularly in the realm of birth injuries and HIE. One of the most significant advantages for patients in New York is that there is no cap on damages. This means that if you have suffered due to medical negligence, you can pursue compensation that reflects the full extent of your damages, including medical expenses, lost wages, and emotional suffering.
The statute of limitations (SOL) for medical malpractice cases in New York is 2.5 years from the date of the incident. However, minors benefit from an infancy toll, which pauses this clock until they reach the age of 18, plus an additional 2.5 years. This provision allows for a longer timeframe to seek justice for birth injuries sustained at or around the time of birth.
Furthermore, New York’s continuous treatment doctrine allows the SOL to be paused during ongoing treatment for the injury, which can significantly impact the timeline for pursuing a claim.
What Galex AI Finds in Your OB-GYN / Birth Records
To build a strong medical malpractice case, it’s essential to have a thorough understanding of your medical history. At Galex AI, we utilize advanced technology to conduct a forensic audit of your OB-GYN and birth records. Our detailed analysis focuses on identifying deviations from the standards set by the American College of Obstetricians and Gynecologists (ACOG) and assessing any potential gaps in causation.
By examining your medical records meticulously, we can uncover critical evidence that could support your claim. Many birth injury cases without robust forensic evidence face a rejection rate of 72%. However, with a detailed audit, you can significantly enhance your chances of a successful claim.
How to Audit Your Birth Injury / HIE Records
Auditing your birth records is a crucial step in understanding whether medical malpractice occurred. Here’s how to approach this process:
- Obtain Medical Records: Request copies of all medical records related to your pregnancy, labor, and delivery.
- Analyze the Records: Carefully review the documentation for any inconsistencies, omissions, or deviations from standard care practices.
- Consult with Experts: Engage with forensic medical analysts who can interpret complex medical terminology and identify potential malpractice.
Galex AI can assist you in this audit, making the process more efficient and effective. Our forensic audits are designed to pinpoint critical information that could bolster your case.
New York Birth Injury / HIE Malpractice Settlements
Settlements for birth injury and HIE cases in New York can be substantial, reflecting the severity of the injuries and the long-term consequences for the affected individuals. The average settlement for cases of birth injury ranges between $1.5 million and $10 million. Notable precedents include:
- Hernandez v. Montefiore Medical Center (2023): This case resulted in a $4.2 million settlement for a birth injury due to alleged medical negligence.
- Lopez v. NYC Health + Hospitals (2022): In this case involving HIE, the settlement reached $6.8 million, emphasizing the potential for significant compensation when negligence is proven.
These cases highlight the potential for recovering substantial damages when the evidence of malpractice is clear and compelling.
Find a Birth Injury Attorney in New York — After the Audit
Once you have completed your audit and gathered the necessary evidence, the next step is to consult with a qualified attorney who specializes in birth injury and HIE malpractice cases. A knowledgeable attorney will guide you through the legal process, help you understand your rights, and work diligently to secure the compensation you deserve.
Choosing the right attorney is critical, as they will leverage the forensic evidence gathered during your audit to build a compelling case. Ensure that you select someone experienced in New York medical malpractice law to navigate the complexities of your situation effectively.
Frequently Asked Questions
What constitutes medical malpractice in New York?
Medical malpractice occurs when a healthcare provider fails to provide the standard level of care, resulting in harm to a patient. This can include errors during labor and delivery that lead to birth injuries.
How long do I have to file a claim for birth injury in New York?
The statute of limitations is 2.5 years from the date of the incident, but if the injured party is a minor, the time is extended due to the infancy toll.
What types of damages can I claim in a birth injury case?
You can claim various damages, including medical expenses, ongoing care costs, lost wages, pain and suffering, and other related expenses.
How can Galex AI help with my case?
Galex AI provides forensic auditing services that can identify deviations from standard medical practices and help build a strong case for your claim.
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.