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Capable Birth Injury Attorneys Dedicated to Helping Long Island Patients
There may be no other time when qualified medical care is more crucial than during the birth of a newborn child. Unfortunately, the medical malpractice lawyers at Duffy & Duffy regularly become aware of negligent actions on Long Island or elsewhere that result in serious injuries due to complications during birth. Our legal team protects the rights of patients in birth injury lawsuits throughout New York, including Nassau, Kings, and Suffolk Counties as well as Queens and the Bronx.
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Take Legal Action to Seek Compensation for Medical Malpractice
Birth injuries can result from any number of causes, including improper techniques, the failure to perform emergency medical procedures, or the failure to monitor. As with any medical negligence case including birth injury lawsuits, a victim bringing a birth injury claim must first show that the delivering physician acted in a way that deviated from the accepted standards of medical treatment in his or her specialty and location. It must then be shown that the deviation caused the harm suffered by the infant and that actual damages were incurred as a result.
In order to prove these essential factors, it is necessary to retain a specialist as a witness who will testify about the standards of medical treatment and how the physician’s actions led to the baby’s injuries. Expert testimony is one of the most important aspects in a birth injury claim, and it can make or break the case. The medical malpractice lawyers at Duffy & Duffy are skilled in selecting witnesses to present your case in a persuasive manner.
Under the laws of New York, there may be several separate claims filed after a birth injury. An infant has the right to bring a cause of action through a guardian against a physician for negligent medical treatment. Likewise, if the mother is injured during childbirth or a related procedure, she may have a separate birth injury lawsuit claim against the health care provider. In addition, in the event of a miscarriage or stillbirth that results from medical malpractice, a mother may also bring legal proceedings even if she has not suffered physical harm. In these types of cases, she may seek damages for emotional distress.
Limitations on Your Claims
Generally, you must assert a claim of medical malpractice within two and a half years from the date of the alleged negligence. However, there are special considerations with child’s birth injury cases because they involve injuries to infants. New York laws allow an extension of time in which to bring a claim, extending up to 10 years after the date of birth.
However, another complicating factor is that birth injuries may not be apparent for some time after labor and delivery. In fact, some conditions may not be recognizable until a child is several years old. In these cases, the limitations period may be extended further.
It is common for a medical provider to argue that a claim related to birth injuries has not been brought in a timely manner. These time limits, known as statutes of limitations, can completely bar recovery if a New York court determines that an action has not been brought within the appropriate period. To prevent dismissal of your claims, you should speak with a qualified attorney as soon as you suspect that medical negligence may have harmed your child or you.
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Explore Your Options After a Birth Injury with a Long Island Lawyer
If you or someone you love has experienced heartbreak resulting from harm to a baby or its mother, you may have a birth injury lawsuit for damages against the medical professionals responsible. The birth injury lawyers at Duffy & Duffy provide compassionate representation for residents of Long Island and nearby communities. To speak with one of our attorneys, contact us online, or call (516) 394-4200 for a complementary case evaluation.
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