There are few things as tragic as the loss of an infant. When a baby’s death is caused by avoidable medical errors, though, it can be all the more traumatic. Doctors that cause fatal birth injuries can be held accountable for any damages they cause, but they will often try…
Articles Posted in Birth Injury
New York Court Discusses Evidence Needed to Prove the Existence of a Doctor-Patient Relationship
It is not uncommon for expectant mothers to treat at medical practices that employ multiple providers. If the care offered at such facilities is inadequate and causes the mother or her child to suffer harm, the mother may be able to pursue malpractice claims against more than one party. Only…
New York Court Discusses Notice Required in Medical Malpractice Actions Against Public Corporations
The birth of a child is a joyous event, but sometimes it can be marred by injuries that arise due to medical negligence. While parties can seek compensation for harm suffered during birth, they must abide by any applicable procedural rules, and if they do not, they may waive the…
New York Court Discusses Proving Liability in Birth Injury Cases
Birth injuries can cause lifelong impairments that not only require costly care but are also emotionally devastating. Many birth injuries are caused by incompetent medical care, and parents of children who suffer harm at birth are often able to recover compensation for their child’s losses. The mere occurrence of an…
New York Court Illustrates the Difference Between Ordinary Negligence and Medical Malpractice
If a patient suffers harm at the hands of a doctor, people often assume that the doctor committed malpractice. While in many instances the assumption is accurate, doctors can also hurt people through ordinary carelessness, and in such cases, a medical malpractice claim would not be appropriate. The difference between…
New York Court Explains Statements Permitted by Attorneys During Birth Injury Trials
The job of a lawyer in a medical malpractice case is to argue that the evidence presented demonstrates liability or exonerates a defendant. Although counsel is granted broad leeway in how they describe the testimony offered at trial, they cannot couch evidence or otherwise make statements that are prejudicial to…
New York Court Discusses Notice Requirements in Medical Malpractice Claims Against the State
Even if patients suffer devastating losses as a result of incompetent medical care, they may be denied the recovery of compensation if they do not abide by their duties under the law. For example, if a patient suffers harm in a facility that is considered a State actor, the patient…
New York Court Discusses Dismissal of Untimely Medical Malpractice Claims Against Public Corporations
Birth injury cases, like all other civil lawsuits, must be filed within the statute of limitations. Additionally, when the defendant is a public corporation, there are strict time constraints regarding when a claim must be filed and served in addition to the normal statute of limitations, and if the plaintiff…
Court Discusses the Grounds for Dismissing a Medical Malpractice Case in New York Via Summary Judgment
There are few things more devastating than suffering the loss of an infant prior to birth, and when the death is caused by negligent medical care, parents often wish to hold the incompetent care providers accountable. Thus, many parents of infants who lost their lives due to inadequate care choose…
New York Court Discusses Avoiding Dismissal of a Malpractice Claim
When a child suffers harm at birth, it is often due to the negligence of the doctor that cared for the mother during her pregnancy or the doctor that delivered the child. Thus, if it can be established that the doctors failed to provide appropriate care, the child and his…