Birth Injury Law NY
Trusted Information for New York Families
When a baby arrives prematurely, families face an overwhelming medical journey filled with uncertainty and fear. Premature infants are among the most vulnerable patients in any hospital, and their developing brains are particularly susceptible to injury. While medical advances have dramatically improved survival rates for preterm babies, the risk of
When a loved one enters a nursing home, families trust that they will receive proper care and attention. Unfortunately, preventable bedsores (pressure ulcers) affect more than 1 in 10 nursing home residents nationwide, and these painful wounds can lead to devastating complications—including life-threatening infections that cause permanent brain injury. In
When medical professionals fail to provide adequate care to a child, the consequences can be devastating and lifelong. Pediatric brain injury malpractice occurs when healthcare providers’ negligence during pregnancy, childbirth, or childhood medical care causes permanent neurological damage to a young patient. These cases are among the most heartbreaking in
Understanding Brain Abscess and the Risks of Misdiagnosis A brain abscess is a serious and potentially life-threatening medical condition that demands rapid diagnosis and immediate treatment. This localized collection of pus within the brain tissue represents a medical emergency requiring specialized care. When healthcare providers fail to recognize the warning
An epidural hematoma is a serious brain injury that occurs when blood collects between the skull and the protective covering of the brain (dura mater). This medical emergency requires immediate diagnosis and treatment. When healthcare providers in New York fail to promptly recognize and treat an epidural hematoma, the consequences
When medical negligence rises to the level of egregious misconduct, New York law allows patients to seek punitive damages—a rare but powerful remedy designed to punish wrongdoers and deter future harm. Unlike compensatory damages that reimburse victims for their losses, punitive damages serve a different purpose: holding healthcare providers accountable
Every year, thousands of people with brain aneurysms visit emergency rooms complaining of severe headaches—only to be sent home with a misdiagnosis of migraine, stress, or the flu. Up to 25% of patients with ruptured brain aneurysms are misdiagnosed or experience delayed diagnosis at their initial medical visit, according to
When a traumatic brain injury prevents you from working, the financial consequences can be devastating. Medical bills pile up while your paycheck stops, creating a financial crisis at the worst possible time. If someone else’s negligence caused your brain injury, you have the right to recover compensation for every dollar
Every year, over 130 million people visit emergency rooms across the United States. When you arrive at an ER with a serious medical condition, you expect to receive prompt, appropriate care. The triage process—how medical staff prioritize patients based on urgency—is your first critical interaction with the emergency department. But
Seizure disorders affect hundreds of thousands of Americans, but a troubling reality persists: up to 30% of people diagnosed with epilepsy may have been misdiagnosed. If you or a loved one has been incorrectly diagnosed with a seizure disorder—or had a true seizure condition missed by medical professionals—the consequences can
Understanding Concussion Misdiagnosis in Emergency Rooms When you or a loved one suffers a head injury, the emergency room should be a place of accurate diagnosis and proper treatment. Unfortunately, concussions are among the most frequently misdiagnosed injuries in emergency departments across New York State. Research shows that only 5.4%
When someone suffers a traumatic brain injury in New York, the immediate medical bills are just the beginning. The most significant financial burden often comes from future medical costs—expenses that can span decades and reach millions of dollars. Understanding how these costs are calculated and recovered is essential for anyone
When you trust a healthcare provider with your care, you expect them to give you the right medication at the right dose. But medication errors happen more often than most people realize—and the consequences can be devastating. A wrong medication or incorrect dose can starve your brain of oxygen, trigger
Understanding Head Injury Discharge from the ER When someone suffers a head injury, the emergency room becomes the critical first line of defense against potentially life-threatening complications. However, what happens when ER doctors send a patient home too early? Improper head injury discharge from the ER can have devastating consequences,
Hydrocephalus, commonly known as “water on the brain,” occurs when cerebrospinal fluid (CSF) accumulates in the brain’s ventricles, creating potentially harmful pressure on brain tissue. While this condition affects approximately 1-2 of every 1,000 babies born in the United States, it can also develop in adults—often with devastating consequences when
Understanding Sedation Errors and Brain Injury When you undergo a medical procedure requiring sedation, you place your trust in healthcare providers to administer appropriate medication levels and monitor you closely. Sedation errors can lead to catastrophic brain injuries through oxygen deprivation, potentially changing your life forever. If you or a
Understanding Hospital Drug Overdose Brain Injuries When patients enter a hospital, they trust medical professionals to provide safe, effective treatment. Unfortunately, medication errors remain one of the most common forms of medical negligence—and the consequences can be devastating. A systematic review of 79 studies involving 3,498 patients confirms that drug
Closed head injuries represent one of the most challenging types of traumatic brain injuries to diagnose and litigate in New York. Unlike open head injuries where skull penetration is visible, closed head injuries occur when blunt force trauma causes the brain to strike the inside of the skull without breaking
Understanding Wrongful Death Claims for Brain Injuries in New York Each year, more than 2,000 people die in New York as a result of traumatic brain injuries—from construction accidents and car crashes to medical malpractice and preventable falls. When a loved one’s brain injury proves fatal due to another party’s
Key Takeaways Prevalence: 18.2% of Americans have experienced a traumatic brain injury with loss of consciousness in their lifetime, with 3% reporting a TBI in the past year [Source: Neuroepidemiology, 2024] Severity matters: Over 75% of TBIs are classified as mild (concussions), but even mild injuries can cause significant long-term
