Birth Injury Litigation

Medical negligence during labor and birth can result in serious birth injuries for infants. These injuries have a lasting impact on the child and their family.

A successful lawsuit could aid in the payment of medical expenses now and in the future as well as lost wages and other damages. However, a successful lawsuit can take years to reach.

Compensation

Despite incredible medical advances, childbirth can be risky. Babies and mothers expect doctors in attendance to be professional and avoid errors that could have lasting consequences. If your baby was injured that was due to the negligence of a hospital or doctor You might want to consult a New York birth injury lawyer to see what legal recourse you have.

If you win your claim, you will be awarded financial compensation. This can cover current and future medical expenses and lost earnings, emotional distress, and other areas of damage. In some cases juries and judges can also award punitive damage for an act of adversity.

Your attorney will work with a network of expert witnesses to discover what happened and establish the accepted standard of care. They will review your records and evaluate the actions of the medical team that were present during your delivery. This information will help them build a strong case and increase your chances of success.

Typically your lawyer will attempt to negotiate a settlement with the malpractice insurer prior to filing a lawsuit. This would involve sending a demand packet, that includes a report detailing your family's losses as well as the medical evidence that supports the claims. The malpractice insurance company will make an offer. If no settlement is reached, the case will go to trial.

Damages

The damages a plaintiff can receive can be either financial (such medical bills) or not-economic (such the pain and suffering). In a lot of cases the jury awards both. The amount of damages an individual victim receives will be based on the extent to which the injury has impacted their life, as well as evidence of the past and future losses. Some states also set limits on how much a jury can award in non-economic damages.

In order to pursue compensation to recover compensation, it must be proved that the defendant violated their duty of care. This is accomplished by mixing medical evidence, expert testimony and depositions. Medical experts are people who are experts in a particular field of medical practice. They evaluate all evidence in the case, and testify at trial if needed. In cases involving birth injury attorney injuries, the expert will help establish that the defendant's actions were against the standard of care for a medical professional with similar training and experience in the particular case.

In addition to medical experts, attorneys will take the depositions of anyone who might have an important story or insight. These are sworn statements which are not in court and permit lawyers to inquire of witnesses directly what happened. Some depositions can be conducted via telephone or via videoconference however the majority of depositions are conducted in the courtroom. These conversations can be difficult and stressful however they are crucial in establishing a strong argument and securing the most favorable compensation for clients.

Statute of Limitations

In New York, Lawyers as in the majority of states, medical malpractice claims must be filed within the time frame of a statute of limitations. Parents have two and two-and-a-half years from the date of an incident or omission believed to cause injury to their child to make a claim.

Your attorney will be able to review the medical records of your child to determine whether any obstetricians or nurses, as well as other hospital personnel, were involved in the birth of your daughter or son. They will request any documents and information that pertains to the injuries of your child.

Your lawyer must establish the malpractice by establishing that the defendant owed the child a duty and failed to provide the standard of care under similar circumstances. To establish this, your lawyer will work with medical experts to evaluate the medical professional's actions to accepted practices and procedures.

A lawyer can help identify witnesses who can testify in your case. These experts can provide valuable insight into a doctor's decision making process and what caused your child's birth injuries. The evidence could be utilized by your lawyer to justify your claim for compensation. A successful medical malpractice claim involves two separate legal claims one for the child who was injured and the other for their parents.

Expert Witnesses

Families can seek compensation for medical bills, lost wages from time off work, rehabilitation treatments and therapies, and long-term care costs with the right support. The key to winning a birth injury lawsuit is having the most experienced experts to be on your side.

They can look over the evidence and offer a professional opinion about whether a medical professional violated their duty of care when they performed an act that could have caused the injuries of an infant. They can explain complicated medical terms to make them easier for judges or jury to understand.

The role of an expert witness is to give unbiased medical testimony that is based on the state of medical knowledge at the time of the incident relevant to the case. This means they should not exclude relevant information in order to present a favorable impression for either the plaintiff or defendant.

Experts should also carefully review relevant medical records as well as current research to form an informed opinion. In certain cases experts could be required to provide an unassailable statement in the courtroom. These sessions can be a bit intimidating but are an important part of the preparation of for a trial. Your lawyer can help you prepare for these sessions and ensure that you are treated fairly.