Unlike some other medical dedicated 18-wheeler accident attorney claims, birth injury lawsuits involve a child that cannot speak for themselves. Many of these injuries can also be difficult to diagnose, especially mental disabilities and neurological conditions like Erb’s palsy (which occurs when the nerves connecting the shoulder, arm, and hand are injured during delivery). As such, it is important to work with a dedicated birth injury attorney for complex claims that will help build a strong case, secure expert witnesses, identify policies and protocols that were violated, and ultimately obtain fair financial compensation on behalf of your child.

A successful claim will typically hold the doctor, nurse, or anesthesiologist responsible for your child’s injuries accountable, but you may also file a claim against the hospital where the birth took place, based on a concept known as vicarious liability. In these cases, you would seek damages from the hospital’s professional liability insurance policy.

Birth Injury Attorney Team: Supporting Families Every Step of the Way

In any claim, you must prove four basic elements: duty of care, breach of duty, causation, and damages. An experienced New York birth injury lawyer will know where to look for the necessary evidence, including your child’s medical records, imaging studies, witness testimony, and other relevant documents.

In a successful claim, you may receive compensation for current and future medical expenses, pain and suffering, loss of enjoyment of life, emotional distress, and other damages. While no amount of money can undo what has been done to your child, it can ease your financial burden and help you provide them with the tools they need for a happy and fulfilling life.