Prenatal infections such as Group B Streptococcus and chorioamnionitis pose serious risks during pregnancy. These maternal-fetal infections may cross the placenta or be transmitted through the birth canal during delivery, potentially harming the developing baby.
Prompt diagnosis and appropriate treatment during pregnancy can significantly reduce the risk of severe complications, including preterm birth, brain injury, and neonatal sepsis. When healthcare providers in New York fail to recognize, properly diagnose, or timely treat these infections, infants may suffer preventable birth injuries and lifelong medical challenges.
The central legal question is straightforward: under New York law, when does a failure to treat a prenatal infection move beyond an unavoidable medical complication and constitute medical malpractice? This article examines the relevant medical issues, the legal standards applied in New York malpractice cases, and practical guidance for families who believe negligent care may have contributed to their child’s injury.
At The Pagan Law Firm, we assist families across the Bronx, Brooklyn, Queens, New York, Westchester County, and New Jersey in understanding their rights and pursuing medical malpractice claims. Our team can review your case, help navigate filing deadlines, and coordinate independent medical experts to support your claim. Contact us today at 212-967-8202 or submit the contact form to schedule a consultation and take the first step toward holding negligent medical providers accountable.
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What Is a Prenatal Infection?
Prenatal infections are infections acquired by or present in the pregnant person that can be transmitted to the fetus through the placenta, amniotic fluid, or birth canal. Because the fetus has an underdeveloped immune system and is undergoing critical organ development, these infections pose unique and often severe risks.
Some infections existed before pregnancy and worsen during gestation; others are newly acquired through food exposure, sexual contact, or environmental sources. The American College of Obstetricians and Gynecologists (ACOG) establishes evidence-based screening and treatment protocols that New York courts recognize as the standard of care for competent obstetric practice.
When a healthcare provider fails to perform indicated prenatal infection screening, delays diagnosis, or omits timely treatment, the fetus may suffer documented harm, including cerebral palsy, sensorineural hearing loss, blindness, intrauterine growth restriction, and developmental delays. Such departures from accepted medical practice may constitute medical malpractice under New York law.
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What Are the Common Types of Prenatal Infections?
Some infections are so common and dangerous in pregnancy that New York providers are required to screen for and treat them routinely. Here are the infections frequently cited in prenatal malpractice claims.
Group B Streptococcus (GBS)
GBS colonizes 15-40% of pregnant women. ACOG standard requires GBS screening via culture at 35-37 weeks. If positive, IV penicillin or ampicillin during labor prevents early-onset neonatal disease. Failure to screen or treat is actionable negligence.
Urinary Tract Infections
Untreated UTIs progress to pyelonephritis and trigger preterm labor. Standard care requires urine cultures at the first prenatal visit and treatment of positive results. Delayed diagnosis resulting in preterm birth supports malpractice claims.
Chorioamnionitis
Amniotic fluid and membrane infection present with maternal fever (>38°C), maternal tachycardia (>100 bpm), fetal tachycardia, and abdominal tenderness. This requires immediate IV antibiotics and often expedited delivery. Failure to recognize and treat quickly can cause neonatal sepsis or death.
Listeria
Listeria (from unpasteurized dairy and deli meats) requires ampicillin or penicillin, not cephalosporins, to which it is naturally resistant. Providers must counsel pregnant patients on diet and treat suspected cases rapidly. Using cephalosporins constitutes negligence per se.
TORCH Infections
Toxoplasmosis, rubella, cytomegalovirus, and herpes simplex require serology screening, counseling on prevention, and appropriate management (e.g., cesarean section for active HSV lesions at delivery). Congenital TORCH infection causes blindness, deafness, cerebral palsy, and intellectual disability.
Sexually Transmitted Infections
New York law mandates screening and treatment for syphilis, HIV, hepatitis B, gonorrhea, and chlamydia. Untreated, these cause stillbirth, neonatal sepsis, blindness, and lifelong infection. Non-compliance is statutory negligence.
Malpractice Exposure
Failure to screen, delayed diagnosis, or incorrect treatment of these infections, all well-established in ACOG guidelines, is straightforward negligence in New York courts.
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How Prenatal Infections Impact the Baby
Maternal infections cause widely varying fetal outcomes depending on timing, severity, and treatment. These impacts demonstrate why medical errors in diagnosis and treatment cause lasting injury.
Preterm Birth & Low Birth Weight
Untreated infections trigger an inflammatory response and premature labor, causing respiratory distress and complications of prematurity. Infants may suffer lasting respiratory, neurological, and developmental damage.
Brain Injury & Cerebral Palsy
Prenatal infection damages the fetal brain through three mechanisms: direct infection, fetal inflammatory response, or hypoxia from infection-related complications. These result in cerebral palsy, cognitive delays, and lifelong disability.
Growth Restriction
Infections commonly cause intrauterine growth restriction (IUGR), resulting in small-for-gestational-age infants with neurodevelopmental impairment and learning disabilities.
Neonatal Sepsis & Meningitis
Early-onset GBS sepsis manifests within 24-48 hours of birth with fever, lethargy, and respiratory distress, requiring intensive NICU care. Untreated neonatal meningitis causes death or permanent neurological injury.
Congenital Hearing Loss & Vision Impairment
Congenital CMV is the leading cause of congenital hearing loss; hearing impairment often develops later in infancy and is not immediately apparent at birth. Rubella causes deafness, vision impairment, and intellectual disability. These sensory deficits profoundly affect language development and education.
Stillbirth & Neonatal Death
Untreated Listeria or advanced chorioamnionitis can cause fetal or neonatal death. When the infection was detectable and treatable, these deaths support wrongful death claims, New York’s highest-value prenatal malpractice cases.
Legal Damages
These documented, serious injuries establish the element of measurable damages in New York medical malpractice lawsuits. When a provider’s failure to screen, diagnose, or treat prenatal infection proximately causes these outcomes, liability and substantial damages follow.
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What Is the Standard Medical Care During Pregnancy?
New York OB/GYNs, midwives, and hospitals must follow nationally accepted guidelines for prenatal care and infection screening. Deviation from these standards is central to medical malpractice liability.
Routine Screening
Standard prenatal panels at the first visit include blood type, rubella immunity, HIV, syphilis, and hepatitis B testing. Urine culture at the first visit screens for asymptomatic bacteriuria; routine urinalysis at subsequent visits detects new infection. GBS culture at 35-37 weeks (CDC standard since 1996) identifies infection risk before delivery.
Provider Obligations
- Take a complete history: prior preterm birth, prior GBS-infected infants, and infection symptoms
- Order appropriate testing when fever, abdominal pain, or vaginal discharge appear
- Correctly interpret lab results; unreviewed positive cultures in the chart constitute negligence
- Communicate results directly to patients and flag positive findings for the delivery team
- Document informed consent discussions about infection risks, test results, and treatment
Diagnostic Standards
Chorioamnionitis during labor presents with:
- Maternal fever ≥38°C
- Maternal tachycardia >100 bpm
- Fetal tachycardia >160 bpm
- Uterine tenderness
Treatment Protocols
- Chorioamnionitis: Immediate IV antibiotics and urgent evaluation for emergency delivery
- GBS-positive mothers or unknown status with risk factors: IV antibiotics during labor
- Positive STI results: Mandatory treatment (syphilis, HIV, hepatitis B, gonorrhea, chlamydia)
- Recurrent UTI/bacteriuria: Extended antibiotic prophylaxis to prevent pyelonephritis
Legal Standard
New York courts hold providers to the standard of a reasonable, competent obstetrician. Failure to screen, treat, communicate results, or document informed consent, when it proximately causes fetal or neonatal injury, constitutes actionable malpractice.
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When Failure to Treat a Prenatal Infection May Constitute Medical Malpractice
In New York, failure to treat a prenatal infection is considered medical malpractice when a healthcare provider fails to meet accepted medical standards, and that failure is a substantial factor in causing harm to the mother or child. Under New York law, families must prove four elements.
Duty of care exists when a provider-patient relationship is established, through an OB practice accepting a patient or a hospital providing labor and delivery services. This duty extends to both mother and fetus.
Deviation from accepted medical standards occurs when a medical provider does not order standard tests, ignores reported symptoms, or delays treatment that a reasonably competent OB/GYN would have provided. This is where overlooking drug allergies, medication errors, or administering wrong medication also becomes relevant.
Causation requires showing the untreated infection is more likely than not caused the baby’s patient’s injury. This element is often the most challenging; families must demonstrate that appropriate follow-up care would have prevented harm.
Damages encompass physical, emotional, and financial harm suffered, including medical expenses, medical bills, lost wages, and long-term care needs.
Examples of negligent conduct include failing to perform required GBS screening or provide antibiotics to a positive mother in labor. Dismissing maternal fever and abdominal pain late in pregnancy, leading to untreated chorioamnionitis and neonatal sepsis, constitutes clear negligence. Misreading or never reviewing positive lab results demonstrates how a healthcare provider fails their patient.
Medical experts play a crucial role in New York medical malpractice law. They define the applicable standard of care and testify whether earlier treatment would likely have prevented brain injury, sepsis, or death. Expert testimony is essential in establishing both the deviation and causation elements.
Not every infection outcome is malpractice, but clear departures from infection-control standards often support a viable medical malpractice claim.
What Birth Injuries Are Linked to Untreated Prenatal Infections?
Many birth injury lawsuits in New York focus on injuries directly linked to maternal infections that could have been prevented or treated. These represent serious, permanent disabilities that create substantial damages.
Cerebral Palsy
Prenatal chorioamnionitis significantly increases cerebral palsy risk, particularly in preterm infants. When chorioamnionitis goes undiagnosed or untreated, resulting in preterm delivery and fetal distress directly causes cerebral palsy, making proximate causation clear in medical malpractice litigation.
Hypoxic-Ischemic Encephalopathy (HIE)
When medical professionals fail to promptly diagnose and treat infection-driven fetal distress (e.g., chorioamnionitis), the fetus experiences prolonged oxygen deprivation. Delayed emergency delivery allows hypoxia to progress, causing severe, permanent neurological injury.
Neonatal Sepsis & Meningitis
GBS sepsis (preventable via screening and labor antibiotics) and E. coli sepsis (from untreated maternal UTI/pyelonephritis) require NICU intervention. Survivors often experience hearing loss, seizure disorders, developmental delays, and permanent neurological disability.
Permanent Hearing Loss
Congenital CMV is the leading cause of congenital hearing loss. Rubella and syphilis also cause deafness. These permanent sensory deficits impair communication, learning, and normal development throughout the child’s life.
Vision Impairment
Rubella causes cataracts, glaucoma, and vision loss. CMV can cause retinitis and vision impairment. Congenital varicella causes eye scarring. These permanent visual deficits limit education and independence.
Developmental Disabilities
Severe untreated prenatal infections result in developmental delays, learning disabilities, intellectual disability, and epilepsy. Injury severity depends on infection type, gestational age, and timing of treatment.
Malpractice Damages
These are permanent, lifelong disabilities. Damages include:
- Lifetime medical care and NICU costs
- Special education, therapies, and assistive devices
- Lost earning capacity
- Pain, suffering, and lost opportunity
When a provider’s failure to screen, diagnose, or treat prenatal infection proximately causes these documented injuries, liability and substantial damages follow.
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How Do You Prove a Prenatal Infection Malpractice Case in New York?
Prenatal infection cases require careful reconstruction of the pregnancy timeline and strong expert testimony. New York imposes specific procedural and legal requirements.
Mandatory Affidavit of Malpractice
Before filing suit, CPLR §213(8) requires an affidavit signed by a qualified obstetric expert certifying that there is a reasonable basis to believe the provider deviated from accepted standards and proximately caused injury. Without this affidavit, the case is subject to dismissal.
Statute of Limitations
New York allows 2.5 years from the discovery of malpractice to file suit. For infant plaintiffs, the clock is tolled until age 18, with an absolute cap at age 20. Early evaluation is critical.
Expert Witness Requirements
The expert must be a licensed obstetrician actively practicing obstetrics within the past 10 years. The expert must have knowledge of New York obstetric standards and provide detailed testimony, not bare conclusions, about the provider’s deviation from accepted practice.
Standard of Care
ACOG guidelines and accepted obstetric protocols establish the standard of care. Documented departures, such as failure to perform GBS screening at 35-37 weeks or delayed treatment of chorioamnionitis, constitute negligence.
Key Evidence
Prenatal records include complaints, vital signs, and lab orders. Laboratory and culture reports show positive results and elevated white counts. Delivery records document temperature charts and fetal heart tracings. NICU records establish sepsis, meningitis, and brain imaging findings.
Causation: Two Elements
- But-for causation: But for the provider’s negligence (e.g., failure to screen), the injury would not have occurred
- Proximate cause: The injury was a foreseeable result of that negligence
Experts must establish that proper screening and timely treatment would more likely than not have prevented harm.
Timeline Reconstruction
Experts analyze the precise sequence: when maternal symptoms appeared, when documented, when labs were ordered and resulted, when treatment began, and critically, whether earlier diagnosis would have prevented neonatal infection.
Informed Consent Claims
Separate from negligence claims, suits can allege failure to disclose material infection risks, test results, or prevention measures. These don’t require proving medical negligence, only inadequate disclosure.
Common Challenges
Complex medical timelines with overlapping prematurity and infection complicate analysis. Multiple providers, including OB practice, hospital, and on-call physicians, create questions about liability. Defense arguments often claim genetic factors or unavoidable outcomes. Comparative negligence allows the defense to claim patient non-compliance with prenatal care. Expert battles over causation probability are common.
Damages
New York imposes no cap on medical malpractice damages. Recoverable damages include:
- Lifetime medical care and NICU costs
- Special education, therapies, and assistive devices
- Lost earning capacity
- Pain, suffering, and lost opportunity
Birth injury cases from preventable prenatal infections represent the highest-value medical malpractice claims in New York.
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What Is the Statute of Limitations in New York for Prenatal Infection Malpractice?
New York has strict time limits for filing medical malpractice lawsuits. Missing these deadlines permanently bars your claim, regardless of evidence strength.
Parents’ Claims (Maternal Injury, Emotional Distress)
The statute of limitations is 2 years and 6 months (30 months) from: (1) The date of malpractice, OR (2) The end of continuous treatment for the same condition, whichever is later.
However, no suit can be filed more than 5 years after the malpractice, regardless of the discovery date. This is the absolute statute of repose; there are no exceptions.
Injured Child’s Claims
Special rules apply for infants and minors. The child’s statute of limitations is tolled (paused) while the child is a minor, but suit must be filed: (1) By the time the child reaches age 18, OR (2) Within 1 year of discovering the malpractice, whichever comes first.
Additionally, no suit can be filed more than 10 years after the malpractice. This absolute deadline applies regardless of when the injury is discovered.
The Discovery Rule: When Does the Clock Start?
The statute of limitations runs from when the plaintiff knew or reasonably should have known of the malpractice. For prenatal infections, discovery typically occurs when:
(1) The infection is diagnosed in the newborn
(2) Medical testing reveals an untreated maternal infection
(3) Medical records are reviewed, and negligent failure to screen becomes apparent
For infants with delayed-onset injuries (hearing loss detected at 6 months, developmental delays at age 2), discovery may occur years after birth, significantly shortening the filing deadline.
Continuous Treatment Exception
If the provider continues treating the patient after the initial malpractice, the statute of limitations runs from the end of that continuous treatment, not from the initial negligence. In prenatal cases, this applies when providers continue prenatal care after failing to treat a diagnosed infection.
Procedural Requirement: Affidavit of Malpractice
An affidavit signed by a qualified medical expert must be filed with the complaint. Failure to file this affidavit results in dismissal, separate from statute of limitations compliance.
Why Timing Matters for Prenatal Infections
Developmental delays, hearing loss, and other manifestations of congenital infection may not appear until months or years after birth. By that time, the statute of limitations may have expired. Early medical record review is critical to determine the discovery date and preserve your deadline.
Fraudulent Concealment
If the provider fraudulently conceals malpractice (falsifies records or prevents access to medical records), the statute of limitations may be extended. This is rare but important.
Action Required
Contact a New York medical malpractice lawyer immediately if you suspect prenatal infection malpractice. Do not rely on approximate dates. The specific statute of limitations for your case depends on many factors, including when malpractice occurred, when it was discovered, and the child’s current age.
What Compensation Is Available in Prenatal Infection Malpractice Cases?
Successful New York prenatal infection malpractice claims recover compensation for both economic and non-economic damages.
Economic Damages
Past and future medical costs include NICU stays, surgeries, medications, specialist visits, and hospitalization. Long-term care covers home nursing, assistive devices, and accessible housing modifications. Therapy costs, physical therapy, occupational therapy, and speech therapy, accumulate over a lifetime and are calculated using medical cost inflation projections.
Lost earning capacity is established through vocational expert testimony. A child with permanent disability from prenatal infection may lose $1-5 million or more in lifetime earnings.
Comprehensive life care plans project detailed medical care, therapy, equipment, and attendant care costs over the child’s lifetime, often totaling $5-10 million or more.
Non-Economic Damages
Pain and suffering, loss of enjoyment of life, and emotional distress compensate for the impact on the child’s independence and participation in normal activities.
Parents may also recover loss of consortium: compensation for loss of the child’s companionship, society, and services.
Statutory Limits
New York imposes limits on non-economic damages in medical malpractice cases. Current thresholds should be verified against current law, as these are adjusted annually for inflation.
Wrongful Death
In cases of fetal or neonatal death from untreated prenatal infection, parents recover wrongful death damages, including emotional distress, loss of society, and funeral costs.
Collateral Source Rule
Under New York law, the defendant cannot reduce damages based on insurance payments, government benefits, or other sources. The full cost of care is recoverable.
Punitive Damages
Punitive damages are not available in standard malpractice cases. They require proof of gross negligence or reckless disregard, which is rarely established in medical malpractice litigation.
Structured Settlements
High-value birth injury cases typically include structured settlements: lump-sum payments combined with periodic payments over the child’s lifetime. This ensures funds for long-term care and provides tax advantages.
Multiple Defendants
Prenatal infection cases often involve multiple negligent parties (OB practice, hospital, individual providers), each carrying separate insurance coverage. Multiple defendants expand available compensation.
Why These Cases Warrant Maximum Damages
A child permanently injured by preventable prenatal infection requires lifetime medical care, therapy, adaptive technology, accessible housing, and attendant services. The economic and personal costs are substantial. Damages must fund decades of care while compensating for lost opportunity, pain, and suffering.
What Steps Should Parents Take if Malpractice Is Suspected?
If you believe medical negligence harmed your child during prenatal care, immediate action protects your rights. New York’s statute of limitations is strict: 2.5 years from discovery for parents, and 1 year from discovery or age 18 for children. Do not delay.
Consult a New York City Medical Malpractice Attorney Immediately
Contact a top medical malpractice lawyer experienced with birth injuries and prenatal infection cases. Most offer free consultations and work on contingency: no upfront attorney fees, though expert costs and litigation expenses are deducted from recovery. Your attorney must retain a qualified medical expert to review records and provide a detailed written affidavit certifying malpractice before any lawsuit can be filed.
Seek Medical Evaluation
Obtain prompt specialist evaluation, a pediatric neurologist or infectious disease specialist, to ensure the best care while documenting your child’s current condition. Specialist evaluation and imaging studies (MRI) document the extent of harm and become critical evidence.
Preserve All Medical Records
Demand in writing that the hospital and all healthcare professionals preserve all medical records, pregnancy records, delivery records, laboratory results, cultures, and imaging studies. This formal demand triggers legal preservation duties and prevents the destruction of evidence. Ask your attorney which records to request.
Create a Detailed Chronology
Keep a written log with specific dates:
- When your child was born
- When infection was diagnosed (maternal or neonatal)
- All symptoms observed and when they appeared
- All specialist consultations
- Developmental milestones or delays
- This chronology is essential for establishing causation and the timeline of harm
What Should You Avoid Doing When Suspecting Prenatal Infection Malpractice?
- Do not communicate with the hospital’s insurance company or defense counsel. Do not answer questions from hospital risk management without an attorney present.
- Do not sign any releases, waivers, or authorization forms without attorney review. Hospital requests for medical record releases can prevent your attorney from obtaining records.
- Do not accept early settlement offers without a medical malpractice attorney review. Early offers typically undervalue lifetime care costs for permanently injured children.
- Do not discuss your child’s condition or suspected malpractice on social media or in public forums. Posts can be used against you.
How Can Parents Navigate the Legal Process in Prenatal Infection Malpractice Cases?
Your New York medical malpractice attorney will explain:
- The statute of limitations deadline for your specific situation
- How the expert affidavit requirement works
- The fee arrangement in writing
- Whether you and your child need separate attorneys (to avoid conflicts)
Why Does Acting Quickly Matter in Prenatal Infection Malpractice Cases?
Early legal involvement ensures deadlines are met, evidence is preserved, all responsible providers are identified, and expert review begins promptly. Delay risks losing legal rights forever.
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From Preventable Harm to Maximum Compensation – The Pagan Law Firm Fights for Your Child
If you suspect that a failure to screen, diagnose, or treat a prenatal infection harmed your child, do not delay. New York’s statute of limitations is unforgiving: once it expires, your legal rights are permanently lost, regardless of how strong your evidence is.
The Pagan Law Firm handles birth injury and prenatal infection malpractice cases throughout New York. Our medical malpractice attorneys understand the complex medical and legal issues that arise when healthcare providers fail to meet established standards of care. We have the knowledge, resources, and access to medical experts needed to advocate effectively on your child’s behalf.
Our New York Medical Malpractice Law Firm Offers:
- Free initial consultation with no obligation
- Contingency representation: no upfront attorney fees
- Detailed case evaluation by experienced medical malpractice attorneys
- Access to qualified obstetric experts for affidavit and testimony
- Aggressive advocacy to recover maximum compensation for your child’s lifetime care needs
Contact The Pagan Law Firm at 212-967-8202 for a free case review. Bring your medical records, a timeline of events, and any documentation of your child’s condition. Our medical malpractice attorneys will assess whether malpractice occurred, explain the legal process, and advise you of your options.
Your child deserves accountability. Negligent providers must be held responsible for preventable harm. Do not let the statute of limitations expire. Call us today.
Frequently Asked Questions
Is every birth injury associated with an infection automatically medical malpractice?
No, not every birth injury tied to an infection is malpractice. Some infections progress despite proper care, and bad outcomes can occur even without negligence. Medical malpractice requires proof that the provider deviated from accepted standards (such as not ordering a recommended test or delaying antibiotics) and that this failure more likely than not caused the patient’s injury. For example, if a baby develops GBS infection despite appropriate screening and timely antibiotic administration, that tragic outcome may not constitute malpractice.
How do I know if I need to hire a medical malpractice lawyer for my child’s prenatal infection case?
If your child suffered injury from an untreated or misdiagnosed prenatal infection, you should consult a medical malpractice lawyer. Many conditions are difficult to diagnose, and not all poor outcomes constitute negligence. A qualified medical malpractice lawyer will review your medical records, consult with obstetric experts, and determine whether the provider deviated from accepted standards.
Can I bring a claim if prenatal care took place outside New York, but my child was born in New York?
Jurisdiction and choice of law depend on where care was provided, where the defendant practices, where the child was born, and other factors. New York courts may apply New York law even if delivery occurred elsewhere, as long as significant contacts exist here.
A New York medical malpractice attorney can assess whether to file in New York or pursue claims under another state’s law. This analysis is critical for determining which statute of limitations applies and which legal standards govern your case.
What if the provider told me infection risks were “normal” and discouraged further testing?
Minimizing or dismissing symptoms may itself be evidence of negligence if a reasonably careful provider would have ordered tests or monitoring. Additionally, failure to disclose infection risks may constitute a separate claim for lack of informed consent, even if medical care was otherwise appropriate. Do not assume your provider’s reassurance was appropriate.
Have a qualified OB or medical expert review your records. The healthcare provider’s actions during prenatal visits, including any requests you made for additional testing that were denied, can be important evidence in establishing a breach of the standard of care.
Can I still sue if my baby survived but now has developmental delays?
Yes, families can pursue a malpractice claim even when the child survived, as long as evidence shows untreated prenatal infection contributed to disabilities or delays. Early intervention records, school evaluations, and neuropsychological assessments document long-term impairments. However, be aware that delayed-onset injuries (hearing loss appearing at 6 months, developmental delays at age 2) may trigger discovery at that point, shortening your statute of limitations deadline.
Contact a medical malpractice attorney immediately if delays become apparent. Damages in such cases often focus on future therapy, educational support, and loss of earning capacity, not just immediate medical bills. These cases can result in substantial financial compensation to address lifetime care needs.
Do I need to know exactly which infection my baby had before talking to a New York medical malpractice lawyer?
You do not need to identify the specific infection yourself. That determination is often made by reviewing medical records and lab results with medical experts. Bring to your consultation any hospital discharge summaries, lab reports, culture results, delivery records, and your child’s current medical records.
When you consult with the best medical malpractice lawyer, they will obtain complete medical records and work closely with infectious disease and obstetric specialists to carefully evaluate your case. Initial consultations are typically free, and you don’t need all medical details figured out in advance. That is what experienced legal representation is for.
What should I ask the best medical malpractice lawyers during my initial consultation?
Ask about:
- their specific experience with prenatal infection cases;
- how many birth injury cases they have handled to verdict versus settlement;
- their expert network and which obstetric specialists they work with;
- their understanding of New York statute of limitations and discovery rules for delayed-onset injuries;
- their fee arrangement and how costs are handled;
- their timeline for obtaining the mandatory affidavit of malpractice;
- how they calculate damages, including lifetime care costs; and
- whether they prepare cases for trial or primarily settle.
The best medical malpractice lawyers answer these questions thoroughly and transparently.