Birth Injury Litigation

Medical mistakes during labor and delivery can result in serious birth injuries to infants. These injuries can have a long-lasting impact on the infant as well as their family.

A successful lawsuit can help pay for future and current medical expenses, lost wages, and other losses. A successful lawsuit may take a long time to complete.

Compensation

Despite remarkable medical advances, childbirth can be risky. Mothers and babies expect doctors to be professional and avoid errors that could result in permanent consequences. If your baby suffered an injury that was caused by carelessness of a doctor or hospital You might want to consult a New York birth injury lawyer to see what legal options you have.

A successful claim for birth injuries will result in financial compensation. This could include future and current medical costs as well as lost earnings, emotional stress and other potential damages. In certain cases juries and judge may also award punitive damages in the event of the most egregious of conduct.

Your attorney will work with a team of experts witnesses to understand what happened and define the accepted standard of care. They will look over your medical records and analyze the actions of the medical staff present during your delivery. This information can help build a strong argument and maximize your chances of success.

Before bringing a lawsuit your lawyer will generally attempt to talk to the malpractice insurance company. This will involve submitting a demand package, Birth Injury Lawsuit which will include a written statement of your family's losses, as well as medical evidence to support the claims. The malpractice insurer will then make an offer. If a settlement is not reached, the case will proceed to trial.

Damages

The damages that the plaintiff could be awarded are either economic (such medical bills) or non-economic (such s pain and suffering). In a lot of cases, juries will award both. The amount of money a victim will receive is based on how their injury has affected them, as well as their previous and future losses. Certain states limit the amount of non-economic damages that juries can award.

To be able seek compensation, you must show that the defendant did not fulfill their duty to care. This is accomplished through a combination of medical records and expert witness testimony and depositions. Medical experts are individuals who are knowledgeable in a specific area of medicine. They examine all evidence in the case and can testify in court if required. In cases involving birth injuries the expert will help establish that the defendant acted outside of the standard of care expected from an expert in medicine who has the same education and experience in the specific circumstances of the case.

In addition to medical experts, attorneys will interview anyone who has relevant information or a story to share. They are sworn, outside-of-court statements that permit attorneys to directly question witnesses about what transpired. Some depositions can be conducted over the phone or by video conference however the majority of depositions are conducted in the courtroom. These discussions can be stressful and stressful but they are essential in establishing a strong case and obtaining the best possible compensation for clients.

Statute of Limitations

In New York, as in many states, birth injury lawsuit medical negligence claims must be filed within the statute of limitations. Parents have two and one-half years from date of an incident or omission to cause injury to their child to make a claim.

Your attorney can review the medical records of your child to determine which obstetricians nurses, and other hospital staff could have been involved in your son or daughter's birth injury lawsuit. They can request any relevant documents and data that can help determine the reason for your child's injuries.

Your lawyer must prove malpractice by proving that the defendant owed an obligation to your child and breached it by failing to provide the proper care under similar circumstances. To prove this, your lawyer will work with medical professionals to compare the actions of the medical professional to accepted practices and procedures.

A lawyer can assist you locate witnesses to testify in your case. They can provide valuable insight into a doctor's decision making process and the way in which an error or omission resulted in your child's birth injury law firm injuries. Your lawyer can then utilize this evidence to prove your claim for compensation. A successful medical malpractice claim involves two separate legal claims, one for the child that was injured as well as one for the parents of the child.

Expert Witnesses

With the right help families can secure compensation for medical expenses and lost income due to working hours taken off or rehabilitative therapies and the costs of long-term care. The most important factor to win a birth-injury case is having the most skilled expert witnesses on your side.

They will review the evidence and provide a professional opinion on whether a medical professional has violated their obligation of care by taking an act that could have led to an infant's injury. They can also explain complex medical terms to make it easier for judges or jury to comprehend.

The role of an expert witness is to offer an objective medical opinion that is reflective of the current state of the art as of the date of the event. This means they must not omit any relevant facts to form a view that is more favorable to either the plaintiff or defendant.

Experts should also thoroughly review relevant medical records as well as current literature to enable them be able to make an informed judgment. In some instances experts may be required to make deposition (sworn out-of-court declaration). These sessions can be daunting but they are a crucial part of making an argument. Your lawyer can prepare you for these sessions and make sure that you are treated with respect.