Child Birth Injuries

• New York Civil Practice Law & Rules (CPLR) § 214-a: This statute outlines the statute of limitations for medical malpractice claims, generally allowing claims to be filed within 2.5 years of the incident.
• New York Public Health Law § 2801-d: Provides patients the right to seek damages for injuries caused by the deprivation of proper medical care in healthcare facilities.
• Education Law § 6530: Defines professional misconduct for medical providers, including negligence during childbirth.
• New York’s Doctrine of Informed Consent: Medical providers are required to inform patients of potential risks associated with medical procedures. Failure to do so may constitute malpractice.

When negligence results in harm during childbirth, the injured party may be entitled to various forms of compensation, including:

• Medical Expenses:
  • Coverage for past, present, and future medical treatments related to the injury.
  • Costs for specialized care, therapy, and assistive devices.
• Rehabilitation and Long-Term Care:
  • Compensation for services such as occupational therapy, speech therapy, and mobility aids.
• Lost Future Earnings:
  • Damages for the potential loss of future income if the injury impacts the child’s ability to work in adulthood.
• Pain and Suffering:
  • Non-economic damages for the emotional distress, suffering, and loss of quality of life caused by the injury.
• Loss of Life’s Enjoyment:
  • Compensation for the child’s inability to participate in normal developmental activities or milestones.
• Punitive Damages:
  • In cases of egregious negligence or willful misconduct, the court may award punitive damages to penalize the responsible party.

At Campbell & Associates, we use a comprehensive approach to maximize the compensation you deserve. Our case strategies include:

• Medical Record Analysis: Conducting a thorough review of your medical records to identify errors, lapses in care, or deviations from standard medical protocols.
• Expert Testimony: Partnering with leading medical experts to provide testimony that supports your claim and establishes the link between negligence and your child’s injuries.
• Informed Consent Review: Determining whether the healthcare provider disclosed all necessary risks and obtained informed consent before performing certain procedures.
• Timeline Reconstruction: Reconstructing the events of the labor and delivery process to pinpoint where negligence occurred and build a compelling narrative.
• Early Negotiations with Strength: While we are always prepared to litigate aggressively, we leverage early settlement negotiations to secure the best outcome when possible without the lengthy delay of a trial.
• Courtroom Litigation: If a settlement is not reached, we will advocate tirelessly in court, presenting a strong, evidence-backed case to hold the negligent party accountable.

At Campbell & Associates, our mission is to ensure that your family receives the justice and financial compensation you need to provide your child with the care they deserve. Contact us today for a free consultation and personalized guidance through every step of your case.