New York Injury Talk Blog

There has been extensive debate in New York recently about its medical malpractice insurance crisis, according to The Times Union. Though some studies have shown that implementing certain safety protocols can decrease malpractice premiums, specifically in obstetrics, realists understand that a true solution to the malpractice crisis is not so simple. Many believe tort reform is essential to overcoming the malpractice crisis.

The tort system is intended to compensate and to deter, however it has not accomplished its purpose in New York, especially in obstetric liability cases. The costliest condition in obstetric liability is cerebral palsy. Although the Centers for Disease Control and Prevention (CDC), the National Institutes of Health (NIH), and general medical opinion have concluded that cerebral palsy is infrequently connected to labor, jurors often award large sums for pain and suffering in instances of slight standard of care deviations. In some areas the risk of New York birth injury litigation is so high that even obstetricians cannot get insured, even if they had never been sued before.

Real tort reform is the only way to ensure that real victims of substandard care receive the compensation they deserve. Compensation now is haphazard, with many children getting no resources regardless of the cause of their disability, and others whose disability is indeterminably linked to doctor negligence being awarded millions of dollars by juries. The children and their families who have truly suffered as the result of substandard obstetric care deserve to be fairly compensated.

If your child suffered an injury as the result of substandard or negligent medical care, the dedicated New York City medical malpractice attorneys of Wingate, Russotti & Shapiro, LLP, will investigate every aspect of your case and can advise you on the best course of legal action. Call us today at 1-212-222-4336 to find out more about getting the compensation your child deserves.