When your family faces a birth injury case in New York, you need to find the right legal representation.
A skilled birth injury lawyer can help navigate the complex medical and legal issues involved.
They can also ensure you receive fair compensation for any harm caused during childbirth.
The best birth injury lawyers in New York combine extensive medical knowledge with legal expertise to build strong cases for their clients. These attorneys often have years of experience handling similar cases and maintain networks of medical experts to provide testimony.
By choosing a top-rated birth injury lawyer, you increase your chances of a favorable outcome and the support needed during a challenging time.
1) Smith & Jones Law Firm
Smith & Jones Law Firm is a highly respected legal practice specializing in birth injury cases in New York.
With years of experience, their dedicated team of attorneys has successfully represented numerous families affected by medical negligence during childbirth.
The firm’s birth injury lawyers possess in-depth knowledge of complex medical procedures and standards of care.
This expertise allows them to effectively investigate and build strong cases on behalf of their clients.
You can expect personalized attention and compassionate support throughout the legal process.
Smith & Jones understands the emotional and financial toll birth injuries can take on families and strives to alleviate your burden.
Their track record includes substantial settlements and verdicts for clients, demonstrating their ability to secure fair compensation for medical expenses, ongoing care, and pain and suffering.
The firm offers free initial consultations to discuss your case.
During this meeting, you’ll have the opportunity to share your story and learn about your legal options.
Smith & Jones Law Firm works on a contingency fee basis, meaning you don’t pay unless they win your case.
This arrangement ensures that quality legal representation is accessible to all families affected by birth injuries.
With their commitment to justice and proven results, Smith & Jones Law Firm stands out as a top choice for birth injury representation in New York.
2) Powers & Santola, LLP
Powers & Santola, LLP is a recognized and award-winning law firm specializing in medical malpractice and personal injury cases in Upstate New York.
If you or a loved one has suffered a birth injury due to medical negligence, this firm can provide expert legal representation.
The founding partners, John Powers and Dan Santola, have been consistently selected by their peers as two of “The Best Lawyers in America” since the 1980s.
This recognition speaks to their expertise and dedication to their clients.
When you choose Powers & Santola, LLP, you’re selecting a firm with a proven track record of success.
They have been repeatedly acknowledged for their high professional legal standards and ethics in “The Martindale-Hubbell Bar Register™ of Preeminent Lawyers.”
John Powers has over 50 years of experience representing catastrophically injured individuals.
His expertise spans medical malpractice, product liability, and personal injury litigation.
Daniel R. Santola, a senior partner and co-founder, brings decades of experience to your case.
His commitment to achieving justice for birth injury victims is unwavering.
You can expect personalized attention and a free consultation when you reach out to Powers & Santola, LLP.
Their team will carefully evaluate your case and guide you through the legal process, fighting for the compensation you deserve.
3) Silbowitz, Garafola, Silbowitz, Schatz & Frederick, L.L.P.
When seeking representation for birth injury cases in New York, you should consider Silbowitz, Garafola, Silbowitz, Schatz & Frederick, L.L.P. This law firm has a strong reputation for handling personal injury matters, including those related to birth injuries.
The firm’s approach to practicing law is straightforward.
They emphasize expertise, competence, and winning.
You can expect them to get the job done without excuses or compromises.
Howard R. Schatz, a partner and managing attorney at the firm, specializes in personal injury cases.
His experience includes negotiating settlements and litigating claims related to various accidents.
The firm has been standing up for accident victims since 1987.
Their long-standing commitment to clients is evident in their focus on success rather than fees.
You’ll find that Silbowitz, Garafola, Silbowitz, Schatz & Frederick, L.L.P. accepts referrals from other lawyers.
This speaks to their reputation within the legal community.
The firm’s dedication to their clients stems from the principles established by its founders nearly two decades ago.
They prioritize providing value for your money while pursuing your case.
4) Block O’Toole & Murphy
Block O’Toole & Murphy stands out as a leading personal injury law firm in New York City.
Their expertise extends to handling complex birth injury cases with remarkable success.
The firm has earned a reputation for securing substantial settlements for their clients.
In one notable case, they obtained a $4,000,000 settlement for an infant who suffered a brachial plexus injury during delivery.
This settlement is reported to be the largest of its kind in New York State.
You can trust Block O’Toole & Murphy’s track record of success.
Since 2012, they have consistently achieved the highest number of personal injury case results exceeding $1 million in New York State, as reported by ALM’s VerdictSearch.
The firm’s attorneys are known for their passion for justice and dedication to their clients.
They bring a combination of youth and skill to the table, having secured over $1.5 billion in verdicts and settlements for victims of serious injuries throughout New York.
If you’re seeking legal representation for a birth injury case, Block O’Toole & Murphy offers free consultations.
You can contact them at 212-736-5300 to discuss your case and understand your legal rights.
Their services cover all of New York State, ensuring you have access to top-tier legal representation regardless of your location.
5) The Fitzgerald Law Firm
The Fitzgerald Law Firm stands out as a prominent legal practice in New York specializing in birth injury cases.
With offices across New York City, including Manhattan, Staten Island, Bronx, and Queens, you have easy access to their services.
Founded in 1971 by John E. Fitzgerald and his wife Annette, the firm has built a strong reputation over the decades.
Their team of experienced medical malpractice attorneys focuses on representing clients affected by birth injuries.
When you choose The Fitzgerald Law Firm, you benefit from their extensive knowledge in handling complex medical cases.
Their attorneys are skilled at analyzing evidence and identifying potential malpractice in situations involving oxygen deprivation, delayed C-sections, or negligent monitoring during childbirth.
The firm’s commitment to their clients is evident in their approach.
They work diligently to help children and families obtain compensation for birth injuries caused by medical negligence.
If you’re seeking legal representation for a birth injury case in Yonkers or surrounding areas, The Fitzgerald Law Firm offers free consultations.
You can reach out to them at 800-323-9900 to discuss your situation and explore your legal options.
With their long-standing presence in New York’s legal community and focused expertise in birth injury cases, The Fitzgerald Law Firm provides you with experienced advocacy during challenging times.
6) Rosenbaum & Rosenbaum, P.C.
When seeking a birth injury lawyer in New York, you should consider Rosenbaum & Rosenbaum, P.C. This law firm has been serving clients for over 40 years, building a reputation through word of mouth and referrals.
You’ll find their office located at 100 Wall Street, 15th Floor, New York City.
This central location makes it convenient for clients throughout the city to access their services.
The firm specializes in personal injury cases, which includes birth injuries.
Their experienced attorneys can provide you with the support and guidance needed during this challenging time.
You can expect personalized attention from Rosenbaum & Rosenbaum, P.C. They prioritize client satisfaction, as evidenced by the many past clients who maintain contact with the firm and continue to use their services when necessary.
If you’re interested in learning more or scheduling a consultation, you can contact them at (212) 514-5007.
They offer free case evaluations, allowing you to discuss your situation without financial commitment.
Remember, choosing the right attorney is crucial in birth injury cases.
Rosenbaum & Rosenbaum, P.C.’s long-standing reputation and focus on client satisfaction make them a worthy consideration for your legal needs.
7) Kelner & Kelner
Kelner & Kelner is a renowned personal injury and medical malpractice law firm in New York City.
With over 75 years of experience, they have established themselves as leaders in handling birth injury cases.
When you choose Kelner & Kelner, you’re selecting a firm with a track record of success.
They have obtained verdicts and settlements totaling over $1 billion for their clients, including some of the highest recoveries in New York’s legal history.
The attorneys at Kelner & Kelner are among the most accomplished in their field.
Many have received recognition and awards, including being named on the Super Lawyers list.
Robert Kelner, a prominent figure in the firm, was ranked in the Top 100 lawyers in New York by Super Lawyers.
If your child has suffered a preventable birth injury, Kelner & Kelner’s lawyers are ready to assist you.
They offer free consultations, allowing you to discuss your case without financial obligation.
The firm’s expertise extends beyond birth injuries.
They handle a wide range of personal injury cases, including medication errors, anesthesia errors, and other forms of medical malpractice.
Kelner & Kelner’s attorneys understand the complexities of birth injury cases.
They have the knowledge and resources to thoroughly investigate your case and pursue the compensation you and your child deserve.
8) Pegalis Law Group, LLC
Pegalis Law Group, LLC is a renowned law firm specializing in birth injury and medical malpractice cases in New York.
With over 50 years of experience, they have established themselves as leaders in advocating for victims of medical negligence.
When you choose Pegalis Law Group, you’re selecting a firm with a proven track record.
They have successfully obtained some of the largest verdicts and settlements in New York State history for birth injury victims.
The firm’s founder, Steven E. Pegalis, is recognized as one of the nation’s foremost plaintiffs’ medical malpractice trial lawyers.
His expertise and dedication have been instrumental in securing justice for numerous clients.
Pegalis Law Group is committed to discovering avoidable medical errors and holding responsible parties accountable.
They handle a wide range of birth injury cases, including those involving fetal distress, bleeding complications, and infections.
You can find their office at 1 Hollow Lane, Suite 107, Lake Success, NY 11042.
Their team of experienced attorneys is ready to assist you with your birth injury case.
Pegalis Law Group has earned recognition from prestigious organizations.
They are among only 5% of firms named in U.S. News & World Report and Best Lawyers listings, reflecting their exceptional reputation in the legal community.
9) Silberstein, Awad & Miklos, P.C.
When seeking a birth injury lawyer in New York, Silberstein, Awad & Miklos, P.C. stands out as a top choice.
With over 35 years of experience, this firm has built a strong reputation for representing families in medical malpractice and serious personal injury cases.
You can trust their expertise in handling complex birth injury claims.
The firm’s dedication has resulted in numerous multi-million dollar recoveries and record verdicts for their clients.
Their reach extends throughout New York City, Long Island, and even Westchester County.
This broad coverage ensures you have access to their services regardless of your location within the state.
The firm’s commitment to excellence is evident in the prestigious recognitions they’ve received.
These include the Bar Register of Preeminent Lawyers’ Highest Level of Legal Ability and Adherence to Ethical Standards Award, as well as listings in Best Lawyers in America and Super Lawyers in New York.
Partner Joseph Awad’s leadership as President of the New York State Trial Lawyers Association (2006-2007) further demonstrates the firm’s prominence in the legal community.
When you choose Silberstein, Awad & Miklos, P.C., you’re selecting a team that believes in the power of juries to deliver justice.
Their approach, summarized as “Let the people decide,” reflects their confidence in presenting compelling cases to juries.
10) Hecht, Kleeger & Damashek, P.C.
When seeking a birth injury lawyer in New York, you should consider Hecht, Kleeger & Damashek, P.C. This personal injury law firm is located in Midtown Manhattan and serves clients throughout New York City and surrounding areas.
The firm’s partners bring extensive experience to the table.
They approach each case as if it will go to trial, ensuring thorough preparation and strong advocacy for their clients.
You can expect dedicated representation from attorneys like Jonathan Damashek, who holds degrees from Syracuse University and New York Law School.
His passion for clients’ rights and vigorous defense are hallmarks of the firm’s approach.
Another notable attorney at the firm is Jordan D. Hecht, a founding partner and senior trial lawyer.
He specializes in various personal injury matters, including truck accidents and slip and fall cases.
Hecht, Kleeger & Damashek, P.C. offers free case evaluations and operates on a contingency fee basis.
This means you only pay if they recover compensation for you.
You can reach out to the firm through their online form or by calling 212-490-5700 to schedule a free initial consultation.
Their office is conveniently located at 19 W 44th St #1500, New York, NY 10036.
Understanding Birth Injury Law
Birth injury law is a specialized area of medical malpractice that deals with injuries sustained by infants during pregnancy, labor, or delivery.
You should be aware of the types of injuries covered, legal terminology, and time limits for filing cases.
Common Types of Birth Injuries
Birth injuries can range from minor to severe.
Cerebral palsy is a serious condition that can result from oxygen deprivation during birth.
Erb’s palsy, affecting arm movement, may occur due to shoulder dystocia.
Fractures, particularly of the clavicle, can happen when a baby becomes stuck in the birth canal.
Facial paralysis and bruising are also possible outcomes of difficult deliveries.
Hypoxic-ischemic encephalopathy (HIE) is a brain injury caused by lack of oxygen.
In some cases, these injuries are preventable with proper medical care.
Legal Definitions and Terminology
You’ll encounter specific legal terms when dealing with birth injury cases. “Standard of care” refers to the level of care expected from medical professionals. “Negligence” occurs when this standard is not met.
“Causation” is proving that the negligence directly led to the injury. “Damages” are the physical, emotional, and financial costs resulting from the injury.
“Informed consent” involves ensuring parents understand and agree to medical procedures. “Vicarious liability” may hold hospitals responsible for their employees’ actions.
Statute of Limitations for Birth Injury Cases
In New York, you generally have 2.5 years from the date of injury to file a birth injury lawsuit.
However, this timeline can be complex.
The “discovery rule” may extend the deadline if you couldn’t reasonably have known about the injury immediately.
For cases involving minors, the statute may be tolled until the child turns 18.
Some injuries might not be apparent until developmental milestones are missed.
It’s crucial to consult a legal professional as soon as you suspect an injury to ensure you don’t miss important deadlines.
Choosing the Best Birth Injury Lawyer
Selecting the right attorney for your birth injury case is crucial.
Your choice can significantly impact the outcome of your legal proceedings and potential compensation.
Consider key qualities and prepare thoughtful questions for consultations.
Qualities of a Top Birth Injury Lawyer
When searching for a top-rated birth injury lawyer in New York, look for specific attributes.
Experience is paramount – seek attorneys with a proven track record in birth injury cases.
Specialization matters.
Choose a lawyer who focuses primarily on birth injury law rather than general personal injury.
Communication skills are vital.
Your attorney should explain complex medical and legal concepts clearly.
Look for compassion and empathy.
Birth injury cases are emotionally challenging, and you need support throughout the process.
Check for resources.
Top lawyers have access to medical experts and investigators crucial for building a strong case.
Reputation is key.
Research client reviews and peer endorsements to gauge an attorney’s standing in the legal community.
Questions to Ask During a Consultation
Prepare a list of questions for your initial meeting.
Ask about the lawyer’s experience with cases similar to yours.
Inquire about their success rate and average settlement amounts for birth injury cases.
Discuss their strategy for your specific case.
A good lawyer should provide a clear plan of action.
Ask about potential challenges in your case and how they plan to address them.
Discuss fees and payment structure.
Many birth injury attorneys in New York City work on a contingency basis.
Inquire about the expected timeline for your case and how often you’ll receive updates.
Ask who will be handling your case directly – the lead attorney or associates.
Navigating the Legal Process in New York
Pursuing a birth injury lawsuit in New York requires careful preparation and expert guidance.
You’ll need to understand the filing process and gather compelling evidence to support your case.
Filing a Birth Injury Lawsuit
To initiate your birth injury lawsuit in New York, you must file a complaint within the statute of limitations.
For most cases, you have 2.5 years from the date of injury or discovery.
However, if the child is under 18, the time limit may be extended.
You’ll need to identify the responsible parties, which may include doctors, nurses, hospitals, or medical facilities.
Your complaint should clearly state the alleged negligence and resulting damages.
It’s crucial to work with a knowledgeable birth injury attorney who can guide you through the complex legal procedures and ensure all necessary documents are filed correctly and on time.
Gathering Evidence and Expert Testimonies
Building a strong case requires substantial evidence.
You’ll need to collect medical records, including prenatal care documents, delivery room records, and post-natal care information.
Photographs of injuries and detailed accounts of the child’s ongoing medical issues are also valuable.
Expert testimonies play a critical role in birth injury cases.
You’ll need to secure medical experts who can explain how the standard of care was breached and how this led to the injury.
These experts may include obstetricians, pediatricians, or neurologists.
Your attorney can help you identify and retain qualified experts who can provide credible testimony.
They’ll also assist in preparing you and other witnesses for depositions and court appearances.
Frequently Asked Questions
Selecting the right birth injury lawyer in New York requires careful consideration of several key factors.
Understanding these elements will help you make an informed decision when seeking legal representation for your case.
How can I determine if a lawyer specializes in birth injury cases?
Look for attorneys who explicitly mention birth injury law on their websites or profiles.
Check if they have dedicated practice areas or case results related to birth injuries.
You can also ask potential lawyers about their experience with similar cases during initial consultations.
What factors contribute to a successful birth injury claim in New York?
Strong medical evidence, expert testimony, and thorough documentation of the incident and resulting damages are crucial.
A lawyer’s ability to prove negligence and establish a clear link between the medical error and the child’s injuries is essential for a successful claim.
How do I find a lawyer’s track record for birth injury cases?
You can find a lawyer’s track record by researching online reviews, testimonials, and case results.
Many reputable firms like Smith & Jones Law Firm or Powers & Santola, LLP publish their past successes on their websites.
You can also ask the lawyer directly about their experience and outcomes in similar cases.
What qualifications should I look for in a birth injury attorney?
Look for lawyers with specific experience in birth injury cases, board certifications in medical malpractice, and memberships in relevant legal associations. Top-rated attorneys often have high peer ratings and positive client reviews.
What timelines are relevant for filing a birth injury lawsuit in New York?
In New York, you generally have 2.5 years from the date of injury to file a medical malpractice lawsuit.
For birth injuries, this timeline may be extended until the child’s 10th birthday.
Consult a lawyer promptly to ensure you don’t miss critical deadlines.
How are birth injury attorneys compensated for their services in New York?
Most birth injury lawyers in New York work on a contingency fee basis.
This means they only get paid if you win your case.
New York law limits the percentage attorneys can charge in medical malpractice cases.
This typically ranges from 10% to 30% of the recovery amount.