Birth Injury Litigation

Medical inattention during labor and delivery can cause serious birth injuries to infants. These injuries can have a lasting impact on the child and their family.

A successful lawsuit can help with medical costs now and in the future as well as lost wages and other damages. A successful lawsuit could take a long time to complete.

Compensation

Despite amazing medical advances birth can be a risky. Both mothers and babies expect that doctors behave professionally and avoid mistakes that could result in long-lasting harm. If you think a doctor or hospital is liable for the injuries to your baby or harm, you should speak with a New York birth injuries lawyer to determine what legal options you have.

A successful claim for birth injuries results in financial compensation. This can be used to pay for the current and future medical expenses, lost wages, emotional distress and other areas of potential damage. In some instances juries and judges can also award punitive damages in the event of unacceptable behavior.

Your attorney will collaborate in conjunction with a network of experts witnesses to determine what occurred and define the accepted standard of care. They will review your medical records and review the actions of the medical staff that were present during your delivery. This information can help build solid arguments and increase your chances for success.

Typically, your lawyer will try to negotiate a settlement with the malpractice carrier before filing a lawsuit. This involves sending a demand packet, which includes a detailed account of your family's losses and the medical evidence that supports the claim. The malpractice carrier will then respond with an offer. If there is no settlement the case will go to trial.

Damages

The damages plaintiffs may be awarded can be monetary (such a medical bills) or non-economic (such as suffering and pain). In a lot of cases, juries give both. The amount of damages the victim is awarded is based on how the accident has affected them, in addition to their past and future losses. Certain states restrict the amount of non-economic damages that juries can award.

To pursue compensation to recover compensation, it must be proved that the defendant violated their duty of care. This is done by the use of medical documents, expert testimony, and depositions. Medical experts are individuals who are experts in a particular area of medical practice. They examine all evidence in the case and can testify at trial, if needed. In birth injury cases, the expert will help establish that the defendant acted in a way that is not consistent with the standard of care expected from a medical professional with the same training and experience in the case's circumstances.

In addition to medical experts, attorneys will also conduct depositions of any person who might have an important story or insight. These are sworn declarations that are made outside of court and permit attorneys to inquire about witnesses directly what happened. Some depositions are conducted via the phone or via video conferences, but the majority are conducted in a courtroom. These discussions can be difficult and stressful, but they are essential to building a strong case for clients and obtaining the maximum possible amount of compensation.

Statute of Limitations

Like many states, New York requires that medical malpractice claims be filed within a specified time of limitations. Parents have two and two and a half years from date of an incident or omission believed to cause the injury of their child to file a lawsuit.

Your attorney can look over the medical records of your child to determine whether any nurses or obstetricians as well as other hospital personnel, were involved in the birth injury attorney of your child or daughter. He or she may then request any relevant documents and information that may help determine the cause of your child's injuries.

Your lawyer must establish the malpractice by establishing that the defendant was bound by the child a duty and failed to provide the required care under similar circumstances. To prove this, your attorney will work with medical professionals to analyze the actions of the medical professional with accepted practices and procedures.

An attorney can help you find witnesses who will provide testimony in your case. These experts can provide valuable insight into a doctor's decision making process and what resulted in your child's birth injuries. Your lawyer can then utilize this evidence to back up your claim for compensation. A successful medical malpractice case involves two separate legal claims one for the child who is injured and one for their parents.

Expert Witnesses

With the right assistance families can get compensation that covers medical bills, lost income from absence from work rehabilitation and therapy, birth injury lawsuit as well as the cost of long-term medical care. The key to winning a birth injury lawsuit is having the most experienced expert witnesses possible for your case.

They will review the evidence and provide their professional opinion on whether a medical professional violated their duty of care when they performed an action which could have resulted in an infant's injuries. They can also explain complex medical terms to make them easier for a judge or jury to comprehend.

The role of an expert witness is to give unbiased medical evidence that reflects the state of medical knowledge at the time of the event that is being investigated. This means they shouldn't eliminate relevant information to provide a more favorable perspective for either the plaintiff or the defendant.

Experts should also examine the relevant medical records as well as contemporaneous publications with enough depth to allow them to form an informed opinion. In some instances experts could be asked to appear in a deposition (sworn out-of court statement). These sessions can be stressful however they are an essential aspect of preparing an argument. Your lawyer can help you prepare for these sessions and ensure that you are treated with respect.