Birth Injury Litigation

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

A successful lawsuit may assist in paying for medical expenses now and in the future, lost wages, and other damages. A successful lawsuit can take years to achieve.

Compensation

Despite remarkable medical advances, childbirth can be risky. Babies and mothers expect doctors on hand to behave professionally and avoid mistakes that could result in permanent consequences. If your baby was injured that was caused by negligence of a doctor or hospital, you may want to speak with an New York birth injury lawyer to see what legal recourses you have.

If you win your claim, you will be awarded financial compensation. This can be used to pay for future and current medical expenses as well as lost wages, emotional distress and other potential areas of damage. In certain instances juries or judge may also award punitive damages in the event of the most egregious of conduct.

Your attorney will collaborate closely with a network expert witnesses to determine what occurred and the accepted standard of treatment. They will go through all your medical records and examine what the medical professionals did during your delivery. This information will help build an argument that is strong and increase your chances of success.

Typically your lawyer will attempt to reach a settlement with the malpractice carrier before filing a lawsuit. This will mean submitting an agenda of demands which includes a detailed statement outlining your family's losses and the medical evidence to justify the claims. The malpractice carrier will then respond with an offer. If there is no settlement, the case will go to trial.

Damages

The damages a plaintiff receives could be monetary (such as medical bills) or non-economic (such as suffering and Birth Injury Law Firms pain). In a lot of cases juries award both. The amount of the damages a victim receives will be determined by the extent to which the incident has affected their life, and also the evidence of the past and future losses. Certain states also impose limits on the amount that the jury can award in non-economic damages.

To be able to seek compensation, it must be proven that the defendant acted in breach of their duty of care. This is accomplished by the use of medical evidence, expert testimony and depositions. Medical experts are people who are knowledgeable in a specific area of medicine. They examine all evidence in the case, and testify at trial if necessary. In birth injury cases, the expert will help establish that the defendant's actions fall against the standard of care for medical professionals who has the same education and experience in the case's circumstances.

Attorneys will also depose anyone with a pertinent story or who has an unique perspective. These are sworn declarations which are not in court and permit attorneys to inquire about witnesses directly what happened. Depositions can be conducted over the phone or through a video conference, birth injury law firms however most are held in the courtroom. These conversations are often difficult and stressful but are crucial to establishing a strong case for clients and obtaining the maximum possible compensation.

Statute of Limitations

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

Your attorney may review the medical records of your child to determine if any obstetricians or nurses, as well as other hospital personnel were involved in the birth of your son or daughter. He or she can then request any relevant documents and other information that could help determine the reason for your child's injuries.

Your lawyer must establish the malpractice by establishing that the defendant owed a duty to your child and failed to provide the proper care in similar circumstances. To prove this, you attorney will work with medical professionals to evaluate the actions of the medical professional with accepted procedures and practices.

A lawyer can help you locate witnesses to provide testimony in your case. They can provide an important insight into the process used by doctors to make decisions and explain how a particular error or omission led to the birth injury suffered by your child. The evidence could be used by your lawyer to justify your compensation claim. A successful medical malpractice case involves two separate legal claims: one for the child injured and one for the parents.

Expert Witnesses

With the right assistance, families can obtain compensation to cover medical expenses, lost income from time off from work or rehabilitative therapies as well as the cost of long-term medical care. The key to winning an injury case at birth is having the most experienced expert witnesses on your side.

These individuals can review evidence and give their professional opinion on the extent to which a medical professional breached their duty of care by doing something that could have led to an infant's injury. They can simplify medical terms for a jury or judge to understand.

The expert witness's job is to provide an objective medical opinion that is reflective of the current state of the art as of the date of the incident. This means they shouldn't remove relevant information to present a favorable view for either the plaintiff or defendant.

Experts should also study the relevant medical records as well as contemporaneous literature with sufficient depth to allow them to form a sound opinion. In some cases, experts may be called to give deposition (sworn out-of-court statements). These sessions can be stressful but are an important part of making a case. Your attorney can assist you prepare for these sessions and ensure that you are treated fairly.