Birth Injury Litigation

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

A successful lawsuit can help pay for future and present medical expenses as well as loss of wages, and other damages. However, a successful lawsuit can take years to complete.

Compensation

Despite remarkable medical advances birth can be a risky. Both mothers and babies expect that doctors will act professionally and avoid making mistakes that could have long-lasting consequences. If you think the doctor or hospital has been negligent in causing the injury of your baby, you should contact a New York birth injuries lawyer to determine the legal options you have.

If you're successful in your claim, you will receive financial compensation. This could include future and ongoing medical costs as well as lost wages, emotional stress and many other damages. In certain cases, juries or judges may also award punitive damages for unacceptable conduct.

Your attorney will work closely with a network expert witnesses to determine what took place and the accepted standard of care. They will go through your records and review the actions of the medical team present during your delivery. This information will help them build a strong case to maximize your chances of success.

Typically your lawyer will attempt to negotiate a settlement with the malpractice carrier before filing an action. This requires submitting an agenda of demands which will include a thorough declaration of the losses suffered by your family as well as the medical evidence to support the claims. The malpractice insurance company will make an offer. If there is no settlement the case will go to trial.

Damages

The amount of damages a plaintiff is awarded may be economic (such as medical bills) or non-economic (such as pain and suffering). In a lot of cases the jury awards both. The amount of the damages an individual victim receives will be based on the degree to which the accident has affected their life, and also the evidence of the past and future losses. Some states limit the amount of non-economic damages a jury may decide to award.

To pursue compensation to recover compensation, it must be proved that the defendant did not fulfill their duty of care. This is done through a combination of medical records as well as expert witness testimony and depositions. Medical experts are those who have been trained in a particular area of medical practice. They examine all evidence in the case and testify at trial if needed. In cases involving birth injuries experts will be able to prove that the defendant's actions fall outside of the standard of care expected from medical professionals with similar training and experience in the particular case.

Attorneys will also depose anyone who has a relevant story or who has an exclusive perspective. These are sworn declarations made outside of court that permit lawyers to inquire of witnesses directly what transpired. Some depositions are conducted via telephone or via videoconference but the majority are held in court. These conversations are often difficult and stressful, but they are essential in establishing a strong argument for clients and to securing the highest possible amount of compensation.

Statute of Limitations

In most states, New York requires that medical malpractice claims be filed within the timeframe of limitations. Parents have two and a half years from the date of an act or omission believed to have led to the injury of their child to make a claim.

Attorneys can look through your child's medical records to determine which obstetricians nurses and other hospital personnel might have been involved in your daughter or son's birth. They will request any documents or information that pertains to the injuries of your child.

Your lawyer must prove malpractice by establishing that the defendant was bound by obligations to your child and violated it by failing to provide the required care in similar circumstances. To prove this, your attorney will collaborate with medical professionals to evaluate the actions of the medical professional with accepted practices and procedures.

A lawyer can also help you identify witnesses to testify in your case. These professionals can provide valuable insight into a doctor's decision making process and how an error or omission resulted in your child's birth injuries. This evidence can be utilized by your lawyer in support of your claim for compensation. A successful medical malpractice case requires two distinct legal claims: one for the child who has been injured and one for the parents.

Expert Witnesses

Families can get compensation for medical expenses, lost wages resulting from working hours therapy and birth injury lawsuit rehabilitation and costs for long-term care with the right help. The key to winning a birth injury lawsuit is having the most experienced expert witnesses on your side.

They can look over the evidence and offer a professional opinion about whether a medical professional breached their obligation of care by taking an action that could have led to the injuries of an infant. They can explain complicated medical terms to make them easier for judges or jury to comprehend.

An expert witness's job is to provide unbiased medical testimony that is based on the state of knowledge at the time of the incident relevant to the case. This means they must not exclude any relevant facts to form a view that is more favorable to either the plaintiff or the defendant.

Experts should also review the relevant medical records as well as contemporaneous literature with sufficient thoroughness in order to form a sound opinion. In some instances, experts may be called to provide a deposition (sworn out-of-court declaration). These sessions can be stressful but are an important part of preparing the case. Your lawyer can help you prepare for these sessions and ensure that you are treated with respect.