Best Birth Injury Lawyers Rochester, NY

Rochester, NY Birth Injury FAQs

• Is it possible to bring forward a birth injury claim in Rochester that remained unnoticed for over a decade?

  Yes, the Rochester birth injury statute of limitations allows you to sue a healthcare professional for negligence for up to 10 years from the date of the child's birth. If the court determines that you did not file the action within the required time frame, you may be barred from pursuing damages. Seek legal counsel as soon as you suspect your child has been harmed as a result of medical malpractice.

• Can you seek compensation from each liable healthcare provider in Rochester birth injury lawsuit?

  Under the joint and several liability doctrine, you can hold all healthcare providers liable for the total amount of damages in proportion to their share of fault in a birth injury lawsuit in Rochester. You could also collect the entire judgment from a single defendant, such as a hospital, because it is more likely to have comprehensive insurance coverage than individual physicians or nurses.

• How is filing a birth injury case against a public hospital in Rochester different?

  Due to sovereign immunity, Rochester residents are unable to easily file birth injury lawsuits resulting from medical malpractice against public hospitals. The plaintiff must file a separate notice of claim with that institution within 90 days of the occurrence of the claim. Even if the action is filed within the applicable statute of limitations, it will not be heard unless a notice of claim is filed.

• Is it common for birth injuries to occur after a cesarean section in Rochester?

  A fetal injury is more likely during a cesarean section birth when a medical practitioner in Rochester is negligent. The procedure may also cause complications for the mother. Skin lacerations, hemorrhage, brachial plexus injuries, skull fractures, facial nerve palsy, and hypoxia are all possible complications during a C-section birth.

• Can you get fund assistance if the liable medical provider cannot pay for birth injury lawsuit in Rochester?

  If the defendant in your Rochester birth injury case does not have enough money to pay, you may be able to obtain the difference from the Medical Indemnity Fund for your newborn's future healthcare expenses caused by medical malpractice. This funding is reserved for claims involving neurological conditions caused by mechanical damage or oxygen deprivation after childbirth.