Who is Entitled to Recover Damages if a Baby Suffers an Injury During Pregnancy, Labor or Delivery?


A: Generally, both the injured child and the parents may be able to recover damages for a New York or New Jersey birth injury, depending on the facts of the case. If the case settles, or a jury finds that medical malpractice occurred, then the child may be entitled to damages for his or her past and future medical expenses, living expenses and pain and suffering. Additionally, the child's parents may be able to recover damages for out-of-pocket expenses related to the injury, lost income if a parent needs to stay home to care for the child, and, in some cases, for emotional distress if the parent witnessed the child being born with an injury.

A New York birth injury lawyer can help your family reasonably anticipate the potential damages in your case. Contact a New York birth injury attorney at 1-800-PAGAN-911 for a free consultation about your case.