How a Successful Birth Injury Lawyer Can Secure a Malpractice Payout

In 2014, medical malpractice lawsuits in New York were generally more successful and paid much more compared to similar lawsuits in any other state. This means that personal injury lawyers in the state, such as a birth injury lawyer in New York, are having more success in getting payouts than their counterparts elsewhere in the country.

The data compiled by Jeremy Gower of Diederich Healthcare shows that “Awards in malpractice lawsuits paid out roughly $690 million in New York last year, nearly twice that of second-ranked Pennsylvania, which saw $357 million in payouts”. In addition, New York is also ahead on per capita payouts.

There is a long-standing controversy among policymakers regarding malpractice lawsuits, with some arguing that it only makes it hard to be a physician while also driving up insurance rates, and others saying that it is for consumers’ protection. David Belk, a Californian physician who has argued against those who blame high costs to malpractice, says that there isn’t any proof that malpractice insurance drives up medical costs.

Payouts are given if the lawsuit is successful; that is, when the jury finds that a certain health care provider has indeed caused harm to a patient. Some states have a ‘cap’ that limits the amount of money a medical malpractice plaintiff can receive. Only 15 states do not impose caps, including the state of New York.

Medical malpractice affects anyone, from newborn babies to adults. When this happens, the party that was harmed can file a lawsuit and get compensation. There can be compensation for economic damages such as medical expenses, lost income, loss of ability to earn, and non-economic damages for intangibles such as pain and suffering.

Injuries sustained during birth also happen, and can impact the lives of both the baby and the parent for either a short-term or long-term and in some major cases, even for life. If you have a loved one who fell victim to medical malpractice during birth, find a birth injury lawyer in Brooklyn like one from The Law Offices of Joseph Lichtenstein to provide you with legal services and get you the compensation that you deserve.

(Source: MAP: New York is the clear leader in medical malpractice awards, The Washington Post, March 15, 2014)