Birth Injury Litigation

Medical negligence during labor and delivery can cause serious birth injuries to infants. These injuries can have a long-lasting effect on the child and their family.

A successful lawsuit can help pay for medical costs now and in the future, lost wages, and other damages. However it could take a long time to get.

Compensation

Despite incredible medical advances childbirth can be dangerous. Mothers and babies expect the doctors who attend to be professional and avoid making mistakes that could have lasting consequences. If you believe the hospital or doctor was negligent in causing the injuries to your baby and/or death, you should consult a New York birth injuries lawyer to determine what legal options you have.

A successful claim for birth-related injuries can result in financial compensation. This could cover future and current medical expenses, lost wages, emotional distress and other areas of potential damage. In some cases juries and judges can also award punitive damages for injury an act of adversity.

Your attorney will collaborate closely with network experts witnesses to determine what happened and the accepted standard of care. They will go through your records and analyze the actions of the medical team who were present during your delivery. This will help them build a strong case to maximize your chances of success.

Typically your lawyer will attempt to reach a settlement agreement with the malpractice insurance company prior to filing an action. This would involve the submission of a demand document, which includes a statement detailing your family's losses, as well as medical evidence that supports the claim. The malpractice insurer will then make an offer. If a settlement is not reached, the case will go to trial.

Damages

The damages a plaintiff gets can be either economic (such as medical bills) or non-economic (such as suffering and pain). In a lot of cases, juries award both. The amount of damages that a victim is awarded will be based on the extent to which the injury has affected their lives, and also the evidence of their past and future losses. Certain states also have restrictions on the amount the jury can award in non-economic damages.

In order to be eligible for compensation, you must show that the defendant breached their duty to care. This is done by a combination of medical records and expert witness testimony and depositions. Medical experts are individuals who have specialized knowledge in a particular area of medicine. They scrutinize all evidence and can be called in to testify in court if required. In cases involving birth injuries an expert can help prove that the defendant's actions are outside of the standard of care for an expert in medicine with the same experience and training in the specific circumstances of the case.

In addition to medical experts, attorneys also conduct depositions of any person who may have an interesting story or insight. These are sworn, out-of-court statements that allow attorneys to inquire directly with witnesses about what happened. Some depositions are conducted over the phone or via video conference, but the majority are conducted in the courtroom. These meetings are often stressful and stressful, yet they are essential to constructing a convincing case for clients and to securing the highest possible compensation.

Statute of Limitations

In most states, New York requires that medical malpractice claims be filed within the prescribed time of limitations. Parents have a maximum of two and a quarter years to file a lawsuit after the date of a wrongful act, omission, or omission that they believe caused the injuries of their child.

Your attorney can look over the medical records of your child to determine whether any obstetricians or nurses along with other hospital staff, were involved in the birth of your child or daughter. He or she will then request any documents and details that relate to the injuries of your child.

In order to prove negligence, your lawyer must establish that the defendant was responsible for your child's duty and breached this duty in failing to comply with the standards of care required in similar circumstances. To prove this, your lawyer will work with medical professionals to analyze the actions of the medical professional to accepted procedures and practices.

A lawyer can also help you identify and locate witnesses to testify on your behalf. These professionals can give valuable insight into the decision-making process of the doctor and how a particular mistake or omission caused the birth injury of your child. Your lawyer can then use the evidence to support your claim for compensation. A successful medical malpractice claim involves two separate legal claims, one for the child who was injured and another for their parents.

Expert Witnesses

With the right assistance families can get compensation for medical expenses and lost income due to time away from work as well as rehabilitative therapies and treatments and the cost of long-term care. The key to winning an injury case at birth is having the most qualified expert witnesses on your side.

They can also review evidence and give their professional opinion on whether a medical professional has violated their duty of care doing something which could have caused injuries to an infant. They can also explain complicated medical terms to make them easier for judges or jury to understand.

The objective of an expert witness is to provide an objective medical opinion that reflects the current knowledge at the time of the event. This means they must not eliminate relevant information to create a more favorable opinion for the plaintiff or defendant.

Experts should also thoroughly review relevant medical records and recent literature to enable them to form an informed opinion. In some cases experts may be required to appear in a deposition (sworn out-of-court statement). These sessions can be a bit intimidating but they are a crucial part of making the case. Your lawyer can prepare you for these sessions and ensure that you are treated with respect.