Birth Injury Litigation

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

A successful lawsuit could help with medical costs now and in the future, lost wages, and other damages. A successful lawsuit can take years to reach.

Compensation

Despite the latest medical advancements childbirth can be dangerous. Both babies and mothers expect that doctors will act professionally and avoid blunders which could have lasting consequences. If you believe that a doctor or hospital was negligent in causing the injury to your baby and/or death, you should consult a New York birth injuries lawyer to determine what legal options you have.

A successful claim for farmington birth injury law firm injuries can result in financial compensation. This could cover the medical costs of the present and future, lost wages, emotional distress and other areas of damage. In some instances juries and judges could also award punitive damage for the most egregious of conduct.

Your attorney will work with a team of experts witnesses to determine what occurred and establish the standard of care that is accepted. They will go through your entire medical record and evaluate the actions of your medical team during your delivery. This information will help you build solid arguments and increase your chances of success.

Typically, your lawyer will try to reach a settlement with the malpractice carrier before filing a lawsuit. This will involve the submission of a demand document, that includes a report detailing your family's losses along with medical evidence to support them. The malpractice insurance company will make an offer. If no settlement is reached, the lawsuit will go to trial.

Damages

The damages a plaintiff gets can be either economic (such as medical bills) or non-economic (such as suffering and pain). In many cases juries award both. The amount of the damages an individual victim receives will be based on the extent to which the incident has affected their life, and also the evidence of their past and future losses. Some states limit the amount of non-economic damages juries may award.

In order to pursue compensation, it must be proven that the defendant violated their duty of care. This is done by using medical documents, expert testimony, and depositions. Medical experts are people who have been trained in a specific area of medicine. They scrutinize all evidence and are able to testify in court if needed. In cases involving birth injuries, the expert will determine if the defendant's actions fell outside the scope of care for medical professionals with similar experience and training.

In addition to medical experts, attorneys also be able to depose anyone who may have an interesting story or insight. These are sworn declarations delivered outside of court that permit lawyers to inquire of witnesses directly what happened. Depositions can be conducted over the phone or Lawyers via video conference, but the majority are conducted in court. These discussions can be difficult and stressful but are crucial in establishing a strong argument for clients and obtaining the highest possible amount of compensation.

Statute of limitations

Like most states, New York requires that medical malpractice claims be filed within a specified time of limitations. Parents have two and one-half years from date of an act or omission that is believed to cause injury to their child to pursue a lawsuit.

Your attorney may review the medical records of your child to determine whether any obstetricians or nurses and other hospital staff were involved in the birth of your son or daughter. The attorney can seek any relevant documents and information that could help identify the cause of your child's injuries.

Your lawyer has to prove the case of malpractice by establishing that the defendant owed the child a duty and breached it by failing to provide the standard of care under similar circumstances. To prove this, your attorney will work with medical professionals to analyze the actions of the medical professional with accepted procedures and practices.

A lawyer can also assist you to find witnesses to testify about your case. These experts can provide valuable insights into the decision-making process of the doctor and how a specific mistake or omission could have led to your child's birth injury. This information can be used by your lawyer to prove your claim for compensation. A successful medical malpractice claim involves two separate legal claims, one for the child that was injured and the other for their parents.

Expert Witnesses

Families can receive compensation for medical expenses, lost wages due to absences from work as well as rehabilitation therapies and treatments, and lawyers long-term care costs with the right support. The key to winning an injury case at birth is having the most qualified expert witnesses on your side.

They will review the evidence and give their professional opinion as to whether a medical professional breached their duty of care in carrying out an act that could have resulted in injuries to an infant. They can explain difficult medical terms to make them easier for a judge or jury to understand.

The expert witness's job is to give an impartial medical opinion that reflects the current knowledge at the time of the event. This means that they should not omit any relevant information in order to form an opinion that is more favorable to either the plaintiff or the defendant.

Experts should also study the relevant medical records and contemporaneous literature with sufficient thoroughness to allow them to form an informed opinion. In certain instances experts could be asked to give an unassailable statement in the courtroom. These meetings can be stressful but they are an essential element of preparing for a trial. Your attorney can prepare you for these sessions and make sure that you are treated fairly.