Birth Injury Litigation

Medical inattention during labor and delivery can result in serious birth injuries to infants. These injuries leave a lasting impact on the infant and their family.

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

Compensation

Despite the incredible medical advances birth is still dangerous procedure. Both babies and mothers expect that doctors will act professionally and avoid mistakes that could cause long-lasting damage. If your baby suffered an injury caused by the negligent actions of a hospital or doctor You might want to contact an New York birth injury lawyer to determine what legal recourse you have.

If you are successful in your claim, you will be awarded financial compensation. This can include current and future medical costs loss of wages, emotional stress and a variety of other damages. In certain cases juries and judges could also award punitive damages for egregious behavior.

Your attorney will collaborate in conjunction with a network of experts witnesses to understand what happened and define the accepted standard of care. They will review your entire medical record and analyze what the medical professionals did during your birth. This will help to build an argument that is strong and increase your chances of success.

Typically, your lawyer will try to reach a settlement agreement with the malpractice insurer prior to filing an action. This is done by submitting a demand package, that includes a report detailing your family's losses as well as the medical evidence to support the claims. The malpractice company will respond with an offer. If a settlement cannot be reached, the case will proceed to trial.

Damages

The damages that a plaintiff can receive are either economic (such a medical bill) or non-economic (such the pain and suffering). In a majority of cases, juries will award both. The amount of damages the victim is awarded 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 limit the amount of non-economic damages that a jury may award.

To pursue compensation, birth injury lawyer it must be proven that the defendant did not fulfill their duty of care. This is done by the use of medical documents, expert witness testimony, and depositions. Medical experts are people who are knowledgeable in a specific area of medical practice. They evaluate all evidence and are able to be called in to testify in court if required. In birth injury cases, an expert can help prove that the defendant's actions fall against the standard of care for an expert in medicine with the same experience and birth injury lawyer training in the specific circumstances of the case.

In addition to medical experts, attorneys will also interview anyone who has an interesting story or insight. These are legally 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, but the majority are conducted in the courtroom. These discussions can be difficult and stressful, but are essential to establishing 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 the timeframe of limitations. Parents have two and a half years from the date of the act, omission or failure believed to have caused their child's injury to pursue a lawsuit.

Attorneys can look through your child's medical records to determine which doctors, nurses and other hospital staff may have been involved in your son or daughter's birth. He or she may then request any relevant documents and information that could help identify the cause of the injuries to your child.

In order to prove negligence, your lawyer must establish that the defendant owed your child a obligation, and then breached it by failing to adhere to the standard of care in similar circumstances. To prove this, you attorney will work with medical professionals in comparing the actions of the medical professional to accepted practices and procedures.

An attorney can help you locate witnesses to testify in your case. These experts can provide valuable information about the decision-making process of a doctor and the way in which an error or omission caused the birth injury of your child. This evidence can be utilized by your lawyer to justify your compensation claim. 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

With the right support, families can obtain compensation that covers medical bills, lost income from absence from work, rehabilitative treatments and therapies as well as the cost of long-term care. But the key to successfully winning a birth injury lawsuit is having the most experienced experts for your case.

They will review the evidence and provide their professional opinions on whether a medical professional violated their obligation of care by taking an act that could have caused the injuries of an infant. They can explain complicated medical terms to make them easier for a judge or jury to comprehend.

The expert witness's role is to offer an objective medical opinion that is based on the current state of knowledge at the time of the event. This means they shouldn't exclude relevant information in order to give a more favorable impression for either the plaintiff or the defendant.

Experts should also study relevant medical records and contemporary literature to to form an informed opinion. In some instances experts may be required to make deposition (sworn out-of-court statements). These sessions can be a bit intimidating but they are a crucial part of the preparation of a case. Your attorney can assist you prepare for these sessions and ensure that you are treated fairly.