Merson Law Personal Injury Lawyers
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We help families like yours get justice and compensation for serious cases of personal injury.
When doctors & medical staff fail to uphold medical standards, preventable, life-altering-mistakes happen.
In the most tragic circumstances, a pregnant mother and her child can be injured severely – or even killed – by the negligence of a medical professional.
If your child suffered a serious birth injury or was diagnosed with a life-altering condition after a difficult pregnancy, labor, or delivery, you need to act now.
Your child suffering a birth injury due to the negligence of a medical provider during childbirth and delivery can and will have a lifetime of consequences and suffering for your child and family.
Many of these consequences will come in the form of financial hardships and the ability to pay for continuing medical treatment for the lifetime of you and your newborn child.
How can Merson Law help you?
A birth injury lawsuit can award you with financial compensation to pay for medical treatment, physical therapy, lifestyle changes, and more. It can also compensate you for your emotional turmoil and suffering.
And while a lawsuit may sound like the last thing you’d want to do after experiencing such a devastating event, it may be the best path forward for healing, recovery, and justice. Send us a message below to get started with your child birth injury claim.
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Who is Merson Law?
Merson Law was founded by one of New York’s most prominent and recognized personal injury lawyers, Jordan Koel Merson.
Over his law career, Mr. Merson has built a stellar reputation representing birth injury law clients in New York who have suffered catastrophic injuries through no fault of their own. He has built a strong team of caring but aggressive birth injury lawyers at Merson Law; a team which has extensive experience litigating birth injury medical malpractice cases valued in excess of $1 million and much of their background includes prosecuting cases that have resolved for more than $10 million.
Here are some of the birth injury law cases litigated by Jordan Merson and the lawyers of Merson Law*:
- $17 million for failure to timely perform c-section on baby
- $14.8 million for baby brain damaged when c-section was delayed
- $14.4 million for Queens family whose child suffered brain damage
- $11.3 million jury verdict for brain damage child
- $11 million for Brooklyn woman who had untreated post-delivery bleeding
- $5.5 million for Erb’s Palsy
*Please note that past results do not guarantee similar outcome
Mr. Merson was honored to be included in New York Law Journal’s first ever “Hall of Fame” for medical malpractice verdicts and settlements.
When New York Magazine published its top verdicts in 2014, Mr. Merson was included on that list, as well.
In fact, Mr. Merson has had the largest single-plaintiff medical malpractice verdict in Westchester County for at least a five year period and he had the largest verdict in Westchester County for any type of case in 2014 — an $11.3 million verdict after the defendant that proceeded to trial refused to offer any money to settle the case.
Mr. Merson was also named in Super Lawyers and he has been quoted by the national and local media, including USA Today, the New York Law Journal and the Daily News.
What You Need to Know If You Suspect Your Baby Suffered A Birth Injury During Delivery: Birth Injury Law
What is a Personal Injury Lawyer?
A birth injury is any injury that occurs to a baby during the process of childbirth. Birth injuries can happen at any point during childbirth – while still in the womb, during delivery, or immediately after delivery.
Like regular injuries, the severity of birth injuries varies. Some birth injuries are minor and can be treated easily, while others are extreme and life-threatening.
It is estimated that about 7 in every 1,000 children born in the United States suffer from a birth injury.
It is important to distinguish birth injuries from birth defects. Birth defects occur while the fetus is still developing in the womb, and not during childbirth. They’re often the result of genetic mutations, infections, or exposure to toxins or harmful chemicals.
How to Find a Personal Injury Lawyer that’s Right for You
Throughout most of modern history, childbirth was extremely traumatic and often fatal for both the mother and child. However, since 1915, advances in modern medicine have made childbirth increasingly more safe.
These advances have elevated the standard for childbirth to what it is today. This standard includes the expectation that trained medical staff can and will do everything in their power to ensure a healthy and successful delivery.
How a Birth Injury Lawyers Help
How a Birth Injury Lawsuit Works
The laws that pertain to birth injury fall under the broader category of personal injury law (also known as tort law). Personal injury laws exist to protect you if you, your property, or in this case, your child, is injured or damaged due to someone else’s actions.
Within personal injury law is the subset of medical malpractice law. Medical malpractice encompasses personal injury cases that are the result of the actions of a doctor, technician, nurse, dentist, or any other medical professional.
Medical malpractice is its own unique category of law because medical professionals are held to different standards than the general public. This is because as a society, we expect medical professionals to help us. When you seek the care of a medical professional, you expect that they are educated and trained in their field. You expect that they prioritize your wellbeing and do everything they can to ensure it.
This expectation is known as the standard of care, or standard of practice.
“The ‘medical standard of care’ is typically defined as the level and type of care that a reasonably competent and skilled health care professional, with a similar background and in the same medical community, would have provided under the circumstances that led to the alleged malpractice.”
There are caveats to this standard of care. For example, you wouldn’t expect your dentist to be able to diagnose an eye infection – that’s not their specialty. You would however expect your OB/GYN to be able to diagnose gestational diabetes or complications in your pregnancy, since these issues relate to their specialty.
Because of this, you would not be able to sue your dentist if you discovered that your eye infection was glaucoma. Your dentist cannot diagnose this issue, since they did not train in that field.
But if your OB/GYN did not recognize a complication in your pregnancy, and that complication developed into a birth injury, you may be able to sue for that birth injury.
How to Know if You Can Sue for a Birth Injury
To have a viable birth injury case, four legal elements must be proven:
- A professional duty owed to the patient
- Breach of such duty
- Birth injury caused by the breach
- Resulting damages: money damages, if awarded, typically take into account both actual economic loss and non-economic loss, such as pain and suffering.
What does this mean?
Professional Duty Owed to the Patient
This means that you retained the medical services of a doctor or other medical professional. When you do so, that medical professional owes a duty to you, the patient.
This is to ensure that you do not sue a doctor that did not treat you or did not owe you their services at the time of the injury.
Breach of Such Duty
A breach of duty is some action (or inaction) by a medical professional that broke that expectation between you and them.
Birth Injury was Caused by the Breach
The birth injury must have been caused by this action or inaction in order for your case to be viable.
You must be able to prove that there were damages or injury that occurred because of this action.
These elements are difficult to prove without the assistance of a birth injury lawyer or medical professional.
Get Free Case Evaluation
At Merson Law, we provide a 100% free, no cost-to-you, birth injury law case evaluation.
We do this in cooperation with a professional medical team, including a fully licensed doctor.
Have your birth injury law medical malpractice case reviewed by our doctor, free of charge, today.
Types of Personal Injuries We Help You With
There are many types of personal injuries that a person can experience.
Many birth injuries fall into one or more sub-categories, since the nature of birth injuries can be very complicated.
This is not an exhaustive explanation, but this page encompasses the most common birth injuries in the United States.