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What Happened to Your Baby or You Is Not Inevitable
Experiencing a birth injury, such as Erb’s Palsy, can be life-altering for both the child and the family. Understanding the circumstances surrounding these injuries is crucial for parents who may suspect that negligence played a role in their child’s condition. Shoulder dystocia, a complication during childbirth, can lead to serious outcomes if not managed properly. It’s essential to recognize that incidents of birth injuries are often preventable and not an inevitable outcome of childbirth.
New York OB-GYN Malpractice Law — No Cap on Damages
One of the most significant advantages for patients in New York when pursuing a medical malpractice claim is the absence of a cap on damages. This means that if you pursue a claim for a birth injury, you have the potential to recover full compensation for both economic and non-economic damages, which can include medical expenses, pain and suffering, and loss of future earning capacity.
New York law stipulates a statute of limitations (SOL) of 2.5 years for filing a medical malpractice lawsuit. However, it’s important to note that this time frame can be paused for minors under the infancy toll, which allows the clock to pause until the child reaches the age of 18, plus an additional 2.5 years. This means that parents of children with birth injuries may have several years to file a claim, providing them with ample time to gather necessary evidence and consult with legal experts.
What Galex AI Finds in Your OB-GYN / Birth Records
Through a meticulous forensic audit of your medical records, Galex AI can identify potential deviations from the standards of care as outlined by the American College of Obstetricians and Gynecologists (ACOG). These deviations can be critical in establishing negligence in cases of shoulder dystocia and related birth injuries.
Common issues that may surface in the audit process include:
- Documentation of informed consent as per NY Public Health Law §2805-d.
- Adherence to ACOG standards during delivery.
- Evidence of appropriate interventions during episodes of shoulder dystocia.
- Continuity of treatment and whether the continuous treatment doctrine applies.
How to Audit Your Birth Injury / Erb’s Palsy Records
Auditing your birth injury records is a vital step in understanding whether medical negligence occurred. Here’s a streamlined process to help you get started:
- Request Medical Records: Obtain copies of all relevant medical documents from your OB-GYN and the hospital where the delivery took place.
- Identify Key Areas: Focus on sections of the records that discuss the labor and delivery process, particularly around the time of shoulder dystocia.
- Look for ACOG Compliance: Check if the care provided aligned with ACOG standards during your delivery.
- Consult Galex AI: Use Galex AI’s forensic audit service to analyze your records for potential malpractice indicators.
New York Birth Injury / Erb’s Palsy Malpractice Settlements
Settlements for birth injury cases in New York can vary widely, with average settlements ranging from $400,000 to $2 million. However, notable precedents highlight the potential for even larger settlements in severe cases. For instance:
- Hernandez v. Montefiore Medical Center (2023): A significant case resulting in a $4.2 million settlement for a birth injury.
- Lopez v. NYC Health + Hospitals (2022): A case involving hypoxic-ischemic encephalopathy (HIE), resulting in a $6.8 million settlement.
These cases demonstrate the importance of having strong forensic evidence and expert testimony to support claims of negligence, particularly in complex birth injury cases. The rejection rate for claims without forensic evidence is notably high, at 63%, making thorough documentation and expert analysis essential.
Find a Birth Injury Attorney in New York — After the Audit
Once you have undergone the forensic audit of your medical records and identified potential areas of negligence, the next step is to consult with a qualified attorney who specializes in birth injury cases. An experienced attorney can help you navigate the complexities of New York malpractice law and guide you through the process of filing a claim. They will also be equipped to leverage the findings from your audit to strengthen your case.
When searching for an attorney, consider the following:
- Experience in handling birth injury and medical malpractice cases.
- A proven track record of successful settlements or verdicts.
- Understanding of the unique aspects of New York malpractice law, including the absence of damage caps.
Frequently Asked Questions
What is shoulder dystocia?
Shoulder dystocia is a complication during childbirth where the baby’s shoulder becomes lodged behind the mother’s pelvic bone, which can lead to various injuries, including Erb’s Palsy.
How can I tell if my baby has Erb’s Palsy?
Symptoms of Erb’s Palsy may include weakness or inability to move one arm, a noticeable difference in muscle tone between arms, and a lack of reflexes in the affected arm.
What should I do if I suspect malpractice?
If you suspect malpractice in your child’s birth, it is essential to audit your medical records and consult with a legal expert specializing in birth injury cases.
How long do I have to file a claim in New York?
The statute of limitations for filing a medical malpractice claim in New York is 2.5 years, but this can be extended for minors under the infancy toll.
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
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Galex Medical LLC — forensic auditing firm, not a law firm. No legal advice.