There are many things that can go wrong when a child is being delivered, and unfortunately, one of the most common areas of the infant's body that will suffer as a result of a medical mistake is the brain.  These New York birth injuries that involve the brain can and often do lead to serious and even permanent damage that can include such diagnoses as cerebral palsy and other forms of brain damage that can leave the family wondering what to do next.

Generally, a step that's often taken is to file a New York medical malpractice lawsuit with the help of New York birth injury lawyers who have handled these cases successfully in the past.  Until recently, if such a lawsuit was filed and was decided in favor of the families who filed them, the damages that were paid for the care of the child came from several sources including insurance companies and other holdings.  The law has now changed rather drastically.

New York has recently passed a law that will provide for payment of damages from these New York birth injury lawsuits that are decided in favor of the family by the state.  This unique form of tort reform was enacted after ideas such as punitive injury caps were rejected.  Supporters of the law believe that its passage will dramatically reduce New York medical malpractice premiums and lead to a higher quality of medical care that could reduce the number of claims filed.

Those who advocate for patients, however, believe that this law will simply add another layer of bureaucracy to what is already an extremely difficult situation for the family to handle in the wake of the realization that their child has suffered a traumatic brain injury while being born.  Clearly, the law will need to be in place for some time so that it can be studied properly and so that adjustments can be made if necessary.

New York Birth Injury Lawyers

What this means for families of children who have been harmed in this matter is that they should still seek the help of experienced New York birth injury lawyers who have been fighting to provide for the children of families who need this type of financial support for 40 years.  If this includes your child, contact the law firm of Fitzgerald & Fitzgerald today to schedule a free initial consultation.