Birth Injuries

Queens Birth Injury Attorney

Preventable Birth Injuries & Your Child’s Care

The prospect of childbirth is both frightening and exciting for any parent. Whether this is your first child or you have been through it before, you want to be certain that you and your baby receive the best care.

If the unexpected happens and you or your child are injured, you probably have a lot of questions. It can be nearly impossible to know whether malpractice was involved, and that is why it is important to talk to an attorney who has experience with these cases.

Queens birth injury lawyer David Kates is here to offer the guidance you need. With his extensive experience in medical malpractice cases, he can get to the bottom of what happened, to determine whether your doctor, nurse, or other healthcare professional failed to provide a standard level of care before, during, or after delivery.

If so, you may be entitled to financial compensation to provide for your child’s medical care, therapy, ongoing treatment, and more.

Benefits of Hiring a Birth Injury Lawyer

As a parent, one of the most distressing situations you can face is having your child suffer aninjury during birth. It can leave you feeling helpless and unsure of what to do next. In such cases, hiring a lawyer can be crucial in securing the compensation and justice that your child deserves.

At the Law Office of David A. Kates, PLLC, our Queens birth injury lawyers can help you navigate the complex legal procedures involved in filing a birth injury lawsuit and represent you in negotiations with insurance companies and medical professionals. Justice doesn't end with money. Beyond financial compensation, a skilled medical malpractice attorney will work to help you hold responsible parties accountable for their actions and prevent similar incidents from happening to other families.

Types of Birth Injuries

There are different types of birth injuries. Some are completely preventable, and others may occur due to genetic defects or even reasons unknown. Because these are complex and technical matters, it will take a complete investigation and review of medical records to determine whether the appropriate level of care was administered to mother and baby.

The following are examples of birth injuries:

What is the Most Common Birth Injury?

Most births happen with relatively smoothly, however birth injuries do happen. From the list above, the most common injuries are bruises, fractures, or broken bones. Clavicle fractures are the most common type of fracture. Swelling or the newborn crying when the area is touched are the typical signs of a fracture.

Bruises are very common because of how fragile a newborn's skin is. Bruises, when they do happen, are commonly found on the face, head, and the extremeties. They typically happen during the birthing process itself, but can happen if medical equipment, like forceps, are used improperly.

Understanding the Long-Term Impact of Birth Injuries

Birth injuries can profoundly affect a child's life, often necessitating continuous medical attention, therapy, and support. Understanding the lasting consequences of these injuries on your child's development and quality of life is crucial. At Law Office of David A. Kates, PLLC, our seasoned birth injury lawyers are dedicated to guiding you through the legal process and pursuing compensation to ensure your child's long-term care and well-being.

Some potential long-term effects of birth injuries include:

  • Cognitive and developmental delays
  • Physical disabilities
  • Emotional and behavioral challenges
  • Ongoing medical expenses
  • Educational support and accommodations

By understanding the long-term impact of birth injuries, you can make informed decisions about your child's care and seek the legal support needed to secure their future.

What Causes Preventable Birth Injuries?

If your child has been diagnosed with a developmental delay or was injured during childbirth, and you want to find out whether some type of negligence or wrongdoing was involved, Queens birth injury attorney David Kates can review the matter and offer his knowledgeable insight.

Preventable birth injuries can be caused by:

  • Mismanagement of shoulder dystocia or other childbirth complications
  • Failure to provide a timely C-section
  • Failure to properly monitor and respond to fetal distress
  • Miscalculation of the size of the baby prior to labor and delivery
  • Improper use of forceps or vacuum extractor in an instrument-assisted deliver
  • Medication errors
  • Anesthesia errors
  • Hospital-acquired infections
  • Mistakes made during a C-section
  • Failure to diagnose preeclampsia or other complication/illness
  • Negligence after a premature delivery

Damages for Birth Injuries in New York

The term "damages" refers to the losses suffered by an injured plaintiff as a result of the negligent acts of the defendant. New York does not place any limit on the amount of damages that a jury can award a plaintiff.

A child and their parents can recover the full amount of damages that their attorney can prove.

Damages which may be awarded in New York birth injury claims include:

  • Pain and suffering
  • Present and future medical expenses
  • Lost wages of the parent or caregiver
  • Costs of specialized care
  • Ongoing costs for therapy
  • Lost earning capacity - a birth injury could cause a permanent disability which may prevent a child from working or may diminish their earning potential

What Legal Options Do Parents Have If Their Baby Experiences A Birth Injury?

If your child has suffered a birth injury in New York, it's crucial to understand the legal options available to you. Birth injuries can lead to significant emotional and financial stress, and taking appropriate legal action can help secure the compensation necessary for your child's ongoing care and support.

The first crucial step is to consult with seasoned birth injury attorneys in Queens. These specialists in medical malpractice will carefully assess the details of your case to ascertain whether healthcare provider negligence or malpractice played a role in your child's injury. Should they find evidence of negligence, you could have a valid basis for filing a medical malpractice lawsuit.

A Queens birth injury lawyer will guide you through the process, beginning with an in-depth investigation of medical records, expert testimonies, and other relevant evidence. This comprehensive approach aims to build a robust case that demonstrates how the medical professionals failed to meet the expected standard of care.

Filing a lawsuit can allow you to seek various forms of compensation, including medical expenses, future care costs, pain and suffering, and any necessary modifications to your home or lifestyle to accommodate your child's needs. In some cases, punitive damages may also be pursued to penalize particularly egregious conduct by the medical staff involved.

Understanding the Legal Process for Birth Injury Cases

Coping with a birth injury can be an emotionally and financially taxing experience for families. Gaining insight into the legal process for birth injury cases can offer much-needed clarity and direction during these challenging times. At Law Office of David A. Kates, PLLC, our skilled birth injury lawyers are here to guide you through every step of the legal journey and advocate for the compensation you and your child rightfully deserve.

Key aspects of the legal process for birth injury cases include:

  • Evaluating the circumstances of the birth injury
  • Gathering medical records and evidence to support your case
  • Negotiating with insurance companies and healthcare providers
  • Filing a lawsuit if necessary to seek justice for your child

Our Queens birth injury attorney is committed to offering compassionate, tailored legal support for families impacted by birth injuries. Contact us to discover how we can assist you in navigating the legal process and seeking justice for your child.

How Can a Birth Injury Lawyer Help Your Case?

Our medical malpractice lawyers have years of experience with complex birth injury cases. A few of the many ways we can help you during this difficult time is by:

  • Evaluating your situation and determining if you have a case
  • Communicating with medical providers and negotiating with their malpractice insurers
  • Knowing how to represent you aggressively if the case must go to litigation

Contact our Team at the Law Offices of David A. Kates, PLLC To Get Started!

Taking legal action may not be the first thing on your mind if your child has been injured or diagnosed with a serious medical condition, but a successful case may mean that you can fully provide for your child’s medical care and other needs.

With cases of this kind, recovering a fair and complete settlement or award is crucial. If you want to find out whether you have a case and how to move forward, our firm offers a free initial consultation. We can answer your questions and help you get started in the right direction.

Results Matter

Millions of Dollars Recovered for Our Clients
  • $5 Million Jury Verdict
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What Sets David Kates Apart?

  • Personalized Attention

    David will personally handle your case from beginning to end.

  • Tenacity

    David brings a tenacious and thorough approach to understanding complex medical issues.

  • Experience & Dedication

    David has over 20 years of professional legal experience.

  • Results Driven

    David has recovered millions of dollars on behalf of his clients.

Every Client Deserves Personalized Care

David Kates prides himself in getting to the bottom of why a patient was hurt and neglected. Call (718) 866-3664 to discuss your case.

Client Testimonials

  • “Working with David as my personal injury lawyer was more than I could have asked for.”

    - Kristine I.

  • “I would not hesitate to work with or recommend David again, he is a true benefit to the legal profession!”

    - Annmarie G.

  • “David Kates is a hard working excellent attorney who goes the extra mile.”

    - Maria S.

  • “I highly recommend David.”

    - Former Client

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