Birth Injury Representation in New York
When medical professionals fail to exercise appropriate standards of care, a newborn can suffer needless injury that lasts a lifetime.
Birth Injury Representation in New York
The birth of a child should be a joyous occasion. When medical professionals fail to exercise appropriate standards of care, a newborn can suffer needless injury that lasts a lifetime. If your child has suffered needless injury during the birthing process because of the carelessness of a medical professional, the law offices of Oresky & Associates, PLLC can help.
Let Our Team Of Attorneys Protect Your Rights
At the office of attorney Jacob Oresky, we bring more than 30 years of experience to individuals and families who have suffered the consequences of a personal injury, including an injury during the birth process. Over the last quarter of a century, we have recovered more than $300 million in settlements and verdicts for our clients. We take an aggressive approach, carefully gathering and preserving all evidence to support your claim. We’ll keep you updated at all times, so that you can make good decisions about how you want to proceed.
Our Team Can Start Working for You from the Moment You Call
When it comes to litigation, there is no time to waste. Once you call our office, we can start building your case in your fight for compensation. In three short steps, your legal journey can begin today.
- Free Case Evaluation: call our office, send us an email, or chat with us online to receive a free case evaluation.
- Get Signed Up: after your free case review, we can set up your client profile and gather any information you already have.
- Start Your Recovery: we can take over your case from here and update you as it progresses. You can focus on your health while we focus on your case.
Common Legal Questions
A personal injury victim must prove several of the typical elements of negligence to win their medical negligence case. They must show that the medical provider owed them a duty of care, breached that duty, and caused their injuries. They must also prove they suffered damages as a result of the medical negligence. Medical negligence and malpractice cases typically require the use of medical experts to show how a provider deviated from their standard of care.
All doctors, physicians, and nurses must adhere to a professional standard of care when treating patients. This standard of care is determined by the medical community. Medical malpractice occurs when a medical professional fails to provide the proper standard of care and injures a patient. Medical malpractice typically results in the worsening of an existing condition.
Medical malpractice lawsuits usually begin with an insurance claim. Your attorney will attempt to prove your case and negotiate a settlement that covers your damages. If obtaining compensation outside of court is not an option, you can pursue a civil suit. Want to find out more? Read our full article here.
Since medical malpractice covers such a wide variety of injuries and scenarios, there is no average settlement amount for a medical malpractice lawsuit. Furthermore, many individual factors can affect a settlement’s amount, such as the injury’s permanence and impact on your job and whether your case settles out of court. When thinking about your malpractice case, remember that it is a personal injury with losses. Malpractice is then subcategorized into different types, each with its own area. To learn more, please read our full article here.
Our Birth Injury Practice
As the parent of an injured infant, your attention must necessarily be on the needs of your child, not on whether you should file a lawsuit. From our experience, though, early investigation into a medical malpractice event, including birth injury, can make a huge difference in the outcome of your case, as you avoid the loss of evidence or the fading memories of witnesses. In addition, there are strict time limits for filing birth injury lawsuits, so prompt action is critical to a successful resolution.
We handle birth injury claims involving:
- Failure of doctors, nurses, midwives or other medical professionals to monitor, anticipate, recognize, react and respond properly to any contingencies
- Failure to notice warning signs
- Failure to follow accepted standards of care
- Failure to properly read fetal monitoring equipment
- Failure to recognize fetal distress during labor
- Unnecessary delays in performing a Caesarean Section
- Medication errors
- Injuries caused by lack of oxygen to the child’s brain
- Forceps or suction injuries during delivery
- Cerebral palsy
- Erb’s Palsy
Fight for the Damages You Deserve
In some cases, we can settle ladder fall accident cases out of court. However, these corporations and their insurers do not want to admit fault or pay out more than they have to, so it is not unusual for them to refuse to offer a fair settlement. If this happens in your case, we can file an injury lawsuit in a New York court and proceed through the necessary steps to have a jury trial. We will not hesitate to file a lawsuit against any liable party, regardless of size.
We pride ourselves on our ability to thoroughly prepare our clients’ cases in order to recover the settlements and verdicts that they are entitled to. We have recovered some of the largest settlements and verdicts in construction accident cases in New York, over the past decade. We will aggressively pursue a settlement agreement or verdict that justly compensates you for the damages that you have suffered.
The damages available in this type of case include:
- Money Damages for Past Pain and Suffering
- Money Damages for Future Pain and Suffering
- Medical Costs
- Ongoing and Future Care Costs
- The Cost of Additional Equipment, Including Special Prosthetics or Mobility Aids
- Lost Wages
- Loss of Services
- Lost Union Benefits
- Diminished Earning Capacity
- Lost Benefits and Retirement Savings
- Mental Anguish
- Other Emotional Damages