Birth Injury FAQs

How do I know if I have a valid claim?

It is important to understand that birth injuries can occur even if a doctor provides perfectly standard medical care during delivery. What we need to do, in determining whether you have grounds for a lawsuit, is review medical records to see if you were subjected to substandard care. Any deviation from acceptable medical care may be considered malpractice and may provide grounds for a claim, if you or your child suffered harm as a result. Our Long Island birth injury attorneys, investigators, and medical experts can meticulously investigate your delivery and your child’s condition to determine whether you have a case.

Do I need an attorney?

Birth injury cases are notoriously complex. They are technical in nature, and you will be going up against a medical malpractice insurance provider with considerable resources to try to deny, delay, or undervalue your claim. A skilled attorney can level the playing field, making sure your rights are protected and that you have the opportunity to secure fair compensation for your child’s medical care. An attorney can also handle your claim on your behalf, allowing you to focus your time and energy on your family.

How common are birth injuries?

An estimated 5 in every 1,000 infants in the United States suffer some form of birth trauma. Birth injuries may include: cerebral palsy, brain damage, brachial plexus injury, fractures, lacerations, oxygen deprivation, hypoxic ischemic encephalopathy, and other conditions.

What is medical malpractice?

Medical malpractice may be defined as a failure to provide medical care in accordance with today’s accepted standards. If a doctor acts or fails to act and this deviates from what a reasonable medical professional would do in the same or similar situation, with the same tools at hand, this could be considered malpractice. An example may be a nurse’s failure to recognize signs of fetal distress during labor. Another example may be a doctor who improperly uses a vacuum extractor to deliver a baby, causing injury to mother or baby.

What is my case worth?

Every case is different, and the value of yours will vary depending on a number of factors. The cost of medical treatment, extent of emotional trauma suffered, and need for ongoing medical care or therapy are the main factors that will influence the value of your claim. When you come to The Sanders Firm, we will work closely with you to determine the full and fair value of your birth injury case, to provide for all the care your child needs.

Will I need to go to court?

The majority of birth injury claims settle out of court, but some do need to go to trial to pressure the at-fault party into paying a fair award. We will take the approach that is in your best interests, negotiating for a settlement when possible but ready to litigate on your behalf if needed.

For more answers to your questions, call (516) 209-2502. Your consultation is free and confidential.

Let Us Stand Up for Your Injured Child

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