Birth Injuries

Birth Injuries Are Serious and Require an Experienced Law Firm

Compassionate Representation for Families in Upstate New York

Medical errors and mistakes during labor and delivery can have devastating consequences for the life of a child and the lives of his or her parents. While no lawyer can heal the pain caused by a birth injury, financial compensation from a malpractice lawsuit can enable you to care for your child at home and improve your child’s quality of life.

If your child has suffered a birth injury, the lawyers at Hacker Murphy offer a free initial consultation to review your case and determine if the injury may have been caused by negligence on the part of the doctor or hospital staff.

Was the Doctor, Nurse or Hospital Negligent?

In some cases, there is nothing the doctor or delivery staff could have done to prevent a birth injury. If your medical providers did everything they were supposed to do, there is nothing the legal system can do for you. However, if your care fell short of the standard of care, then your medical providers may be liable for medical malpractice.

Examples of malpractice may include:

Failure to perform a timely Cesarean section, which can result in hypoxia (brain injury) caused by oxygen deprivation.
Failure to properly monitor your child during labor and delivery, which can result in cerebral palsy and other injuries.
Improper delivery techniques, which can result in Erb’s palsy, a devastating injury to the nerves of the shoulder.

If we think your child’s birth injury may have been caused by medical malpractice, our lawyers will review the hospital records and consult appropriate medical experts. If the evidence is strong enough, our lawyers will work hard to hold your medical providers accountable and help you recover the compensation you will need for your child’s present and future needs.

What Legal Rights Do Parents Have?

Discovering that a child has suffered a birth injury is a distressing experience for parents. Knowing the legal options available is crucial for obtaining support and compensation. This article outlines key avenues for parents dealing with such situations.

Medical Malpractice: Parents can pursue a medical malpractice claim if negligence during prenatal care, labor, or delivery contributed to the birth injury. Examples include failure to monitor vital signs or improper use of delivery instruments.
Product Liability: If the birth injury is linked to defective medical equipment or pharmaceutical products, parents can file a product liability lawsuit against the responsible parties.
Negligent Prenatal Care: Negligence during prenatal care that leads to birth injuries can also be grounds for legal action. Failure to address conditions like preeclampsia or gestational diabetes may be actionable.
Statute of Limitations: Understanding and adhering to the statute of limitations is crucial. Consulting a legal professional promptly ensures compliance with time limits for filing a case.
Compensation for Damages: Parents may seek compensation for medical expenses, rehabilitation costs, emotional distress, and potential loss of the child's future earning capacity.
Alternative Dispute Resolution: Consider mediation or arbitration as alternatives to court proceedings for a potentially quicker and less adversarial resolution.

Comprehensive Malpractice Representation Beyond Birth Injuries

Our highly-skilled legal team also represents injured victims with other types of malpractice cases, including:

Dedicated Cerebral Palsy Attorneys in Upstate New York

We are here to help you through this difficult time — but time is of the essence, so do not delay.

Contact us for a free personal injury consultation by phone or schedule a confidential in-person meeting with an attorney at one of our four convenient offices in Albany, Schenectady, Troy, and Saratoga Springs.

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“The service provided at Hacker & Murphy was beyond exceptional and I would highly recommend them.”
The service provided at Hacker & Murphy was beyond exceptional and I would highly recommend them. Julie Nociolo was professional, respectful and knowledgeable. Her representation of my family member went above and beyond that of what you might see at some firms. She was compassionate and took the time to explain every little detail of the litigation. She has extreme patience when dealing with our questions and never over promised. She was confident, respectful and determined while In court giving my family Member the strength she needed while in of the judge. I cannot thank Julie and the firm enough for their time and effort!

- Tinamarie F.
“We really benefited from her guidance and had a successful outcome”
We received a fantastic service from the day 1. Julie Nociola had been excellent and worked with us very closely. Even though the University took long time to arrange the panel, she kept calm and was supportive. We really benefited from her guidance and had a successful outcome. Big thanks to her.

- RR
“I can't recommend Julie highly enough for anyone needing legal assistance.”
I wanted to share my experience with Attorney Julie Nociolo. As an international student, I had zero idea about the legal process when I faced an academic integrity case with my university, especially with a prior violation on record. The stakes felt incredibly high. Julie was a lifesaver throughout. Her support, expertise, and quick responses were invaluable. She made sure I understood everything and guided me to a successful outcome. I can't recommend Julie highly enough for anyone needing legal assistance.

- Sri G.
“Julie and James were both absolutely great!”
Julie and James were both absolutely great! Things could have went a lot worse for me but they managed to get me a good deal! Hopefully I'll never need a lawyer again but if I do I would definitely use them again! Thank you for all the help!! I can say these people genuinely care about the person they are helping and help in anyway possible!! Thanks again guys you were great!

- Teirra M.
“Ultimately I was exonerated and I have James to thank as a big reason why.”
I utilized the services of James Knox to help on a complaint against my license. This was my first time ever needing an attorney and he was open and honest throughout the proceedings. He explained how the process works and made sure I understood each step as it went on. The entire process lasted over 3 years, and James kept in touch with me as updates rolled in. Ultimately I was exonerated and I have James to thank as a big reason why.

- Clarissa P.
“I highly recommend this firm and Mr. Knox, especially. He knows what he is doing.”
Mr James Knox was my criminal attorney. I made a simple but stupid mistake which unbeknownst to myself, broke the law and was a felony which got reduced to a misdemeanor. He was confident from start to finish that he could keep me out of jail, He did. I ended up paying a fine. I highly recommend this firm and Mr. Knox, especially. He knows what he is doing. He is highly practiced and he cares. He was always happy to speak with me during his months working with me.

- Paul A.
“Her expertise, dedication, and compassion are commendable, and I am immensely thankful for her support and guidance.”
Ms. Julie Nociolo provided exceptional legal representation and demonstrated unparalleled expertise and dedication. Ms. Nociolo possesses a deep understanding of the law, which she leverages with a strategic and thoughtful approach. Her ability to navigate complex legal challenges with ease and confidence was remarkable and gave me a sense of security during a tumultuous time. Ms. Nociolo's commitment to my case was evident in her meticulous attention to detail, thorough preparation, and proactive communication. She consistently kept me informed of developments in my case, ensuring that I was fully aware of my options and the potential implications of each decision. Her guidance was invaluable, enabling me to make informed decisions with a clear understanding of the legal landscape. Moreover, Ms. Nociolo's compassion and empathy provided comfort and support. She recognized the emotional toll legal proceedings can take and went above and beyond to ensure I felt heard, understood, and respected throughout the process. I am deeply grateful for Ms. Nociolo's tireless efforts on my behalf. Her exceptional legal acumen and genuine concern for clients set her apart as a distinguished attorney. I strongly recommend Ms. Nociolo to anyone in need of legal representation. Her expertise, dedication, and compassion are commendable, and I am immensely thankful for her support and guidance.

- Jonathan B.
“David Iversen is an incredible attorney. I trust him more than anyone.”
David Iversen is an incredible attorney. I trust him more than anyone. He is incredibly knowledgeable and if you’re in the unfortunate position of needing a personal injury attorney, David is who you want on your side. Thanks for everything David!

- Cassidy.

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Have Questions?

If I hire an attorney but do not want to go to trial, can I settle?

In the course of preparing a case for trial, your personal injury attorney will work with the defense attorneys and insurance companies in an effort to secure a fair settlement for you and your family. The final decision to accept an offer of settlement or go to trial is yours alone to make.
Contact us now to discuss your case with one of our experienced attorneys.
If arrested, what steps can I take on my behalf?

1. Do not discuss your situation with anyone except your attorney.
2. Unless your attorney says otherwise, do not discuss your case with law enforcement.
3. Request to have your attorney present if you are to be put in a lineup or subjected to testing.
4. Remain calm and courteous. Allow your attorney to speak for you to ensure that your rights are protected and you are given all the benefits afforded to you under the law.
Contact us now to discuss your case with one of our experienced attorneys.
What is the difference between criminal procedure and civil procedure?

When a crime has been committed, action is taken by a government agency against the person, persons, organization or other entity that violated the law. The first purpose of a criminal prosecution is punishment, which frequently consists of a fine or jail time. In a civil matter, the dispute is between two or more individuals or entities. The first purpose of a civil prosecution is obtaining compensation for the wronged person or entity. Settlement in a civil matter is generally an award of a money judgment. A criminal sentence is not imposed in a civil matter.
Contact us now to discuss your case with one of our experienced attorneys.

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