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A new birth injury neurological fund for 2011-2012 has been set up by the state of New York to cover birth injury lawsuits; however, it is receiving much controversy as to who is truly benefiting from this endeavor. A large contributing factor to this initiative is the fact that hospitals will save an estimated $320 million in malpractice premiums, according to the Greater New York Hospital Association because over half of all medical malpractice lawsuits filed are birth-related.

According to Times Union, New York hospitals will no longer cover medical costs for children who have suffered a birth injury due to medical malpractice, instead, any birth injury lawsuit
or birth injury settlement will be paid by the state. One of the conditions of having a brain or spinal cord related birth injury covered is that it has to be, “caused by the deprivation of oxygen or mechanical injury in the course of labor, delivery or resuscitation or by other medical services provided or not provided during delivery admission”. What has some patient advocates concerned is that they believe having the government pay for medical negligence cases will allow the responsible medical parties to go “unpunished” and free from criticism. The medical community, however, largely supports the initiative assuring the community that hospitals will be frequently monitored and as part of the health budget plan, a “state obstetrical patient safety workgroup” will be established to help ensure that medical professionals are following the standard medical practices expected of them while in the delivery room.

Sources report that New York will contribute to the birth injury fund as follows: $30 million will be put into to the fund in its first year before increasing to $70 million in its second and third years. By its fourth year, the state will be contributing $100 million to the fund. Now, families still must file lawsuits and prove medical negligence in court and if they win or settle the lawsuit, they would then be enrolled into the fund. The fund then pays for the child’s lifetime medical costs, however, the defendants are still responsible for attorneys’ fees and any punitive damages awarded by a jury.

Contact a birth injury lawyer
if you feel that your child may have suffered a birth injury due to medical malpractice and want to know if you may be entitled to a settlement.

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If a doctor has put your child in danger by performing dangerous amounts of testing, a New York birth injury lawyer may be able to help you bring a medical negligence lawsuit against the medical center.

One example of excessive testing by doctors was detailed in a recent article published in the New York Times. The story uncovered data that showed an excessive amount of potentially unneeded X-rays being administered to newborn babies who were up to 26 weeks premature at the State University of New York Downstate Medical Center in Brooklyn.

While babies who are born premature often must undergo X-rays of their chest area to make sure they are healthy, the article cited state inspectors who found 27 cases in which infants were over-radiated multiple times. Inspectors also found examples infants whose did not have proper shields put over them during X-ray procedures that left their head, arms, chest, and abdomen exposed to the rays when they should not have.

“We were disappointed to find so many X-rays in our sampling that did not have adequate shielding to protect infants from being exposed to excess radiation,” said Dr. Nirav R. Shah, the state health commissioner, according to the Times. “Additional training and monitoring must be put into place to rectify this situation.”

Because infants’ cells divide quickly – and will likely face X-rays many more time over the course of their life – exposing infants to dangerously high levels of radiation can increase their eventual risk of developing some form of cancer.

If you feel your child has suffered some form of medical malpractice caused by doctors improperly exposing the child to radiation with X-rays you felt were inappropriate, contact a New York birth injury lawyer at American Law Partners to see if you may be able to pursue a birth injury lawsuit against the hospital at fault.

The post Brooklyn Hospital Exposed Newborns to Too Much Radiation with X-Rays, Say Inspectors appeared first on Seedol.com.

In order to pay for these effective – yet expensive – working with a New York cerebral palsy lawyer to pursue a monetary settlement from the doctors who caused your child’s ailment may help you afford them.

A recent report from a UK newspaper profiled Wiktoria Mucha, a 9-year-old born with cerebral palsy that limited her ability to move. Throughout her life, she has undergone special treatment four days a week, attended a swimming club, and rode a specially made tricycle in order to help improve her ability to move.

However, with her needs changing as she continues to grow, Wictoria’s parents are attempting to raise $58,000 to fly to the United States and undergo selective dorsal rhizotomy surgery – a rare surgery that reduces spasticity in the body by cutting certain nerves connecting muscles with the spinal cord.

The St. Louis Children’s Hospital – one of the only hospitals that can perform the procedure – explain the benefits of the surgery compared to other treatments include a reduced risk of spinal deformities later in life, reduced hip flexor spasticity, less intense back pain, and earlier resumption of physical therapies and activities.

Regardless of how effective the procedure may be, the same medical and travel costs that the Muchas are currently struggling to raise may initially deter some New York residents who have a child with cerebral palsy, but do not have the immediate financial means available. However, if your child’s cerebral palsy can be traced to a birth injury caused by a doctor’s error, you may be able to bring a lawsuit and end up with a significant monetary settlement to pay for any of their child’s medical costs.

New York families with a child who has cerebral palsy should take every opportunity to give their child medical care that will help them the most without having to worry about how expensive it may be. Get in contact with a New York cerebral palsy lawyer today and learn more about pursuing a birth injury lawsuit and an eventual settlement.

The post Treating Cerebral Palsy Could Be Very Expensive; a Birth Injury Lawyer May Be Able to Help appeared first on Seedol.com.

Giving birth to an injured baby following an otherwise normal pregnancy can be a very confusing situation for New York families. Those who think their child has been affected by a birth injury may also have questions that are not adequately answered by their health care provider, which only makes the situation more confounding.

In most cases, birth injuries can sometimes be the result of negligence on the part of the doctors and health care providers who care for a woman during her pregnancy, labor, and delivery. Medical negligence is defined as when a medical provider strays from accepted practices and harms the patient as a result.

If it is determined that you or your loved one’s child has suffered a birth injury that was caused by medical negligence, you may be wondering about how to proceed with a lawsuit and contacting a New York birth injury attorney. Your questions may include:

• What is the time commitment involved?
• How will I find an attorney in New York that will take my case?
• Will my child be involved in the legal process?
• Will pursuing a medical negligence lawsuit have any implications on my child’s care?

These questions, and the answers, will likely vary based on your child’s specific case and the extent he or she was injured. While a birth injury lawsuit may seem like a daunting and confusing process, a knowledgeable birth injury lawyer will provide guidance for you and your family as the process moves forward.

If your child, or the child of someone you know, has suffered a birth injury, it may have been due to preventable errors. Call a Nurse Case Manager at American Law Partners so you can determine the cause of your child’s birth injury. If medical negligence is suspected, contacting one of our experienced New York birth injury lawyers will help you launch a case to get the justice and compensation you and your family deserve.

The post Legal Options in New York if Your Child Suffers from a Birth Injury appeared first on Seedol.com.