Birth Injury Litigation

Medical negligence during labor and birth can cause serious birth injuries to infants. These injuries leave a lasting impact on the infant and their family.

A successful lawsuit may help with medical costs now and in the future along with lost wages and other damages. A successful lawsuit can require years to obtain.

Compensation

Despite the amazing advances in medical technology however, childbirth remains an extremely risky process. Babies and mothers expect doctors to act with professionalism and avoid making mistakes which could have long-lasting consequences. If your baby suffered an injury due to carelessness of a medical professional or hospital You might want to contact a New York birth injury lawyer to see what legal options you have.

If you're successful in your claim, you will be awarded financial compensation. This could include current and future medical expenses loss of wages, emotional stress, and a variety of other damages. In certain instances juries or judges could also award punitive damages in the event of egregious conduct.

Your attorney will collaborate with a team of experts witnesses to analyze what happened and establish the accepted standard of care. They will review your entire medical record and review what the medical staff did during your birth. This information can help build strong arguments and increase your chances for success.

Typically, your lawyer will try to reach a settlement with the malpractice carrier before filing an action. This will require you to submit an agenda of demands that includes a full account of the losses your family has suffered 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 proceed to trial.

Damages

The amount of damages a plaintiff is awarded can be either economic (such as medical bills) or non-economic (such as suffering and pain). In a majority of cases, juries award both. The amount of money a victim will receive is based on how the accident has affected them, and also their past and future losses. Certain states restrict the amount of non-economic damages that juries may award.

To be able to seek compensation the plaintiff must prove that the defendant violated their duty of care. This is accomplished by mixing medical records, expert testimony, and depositions. Medical experts are those who are knowledgeable in a particular area of medicine. They review all evidence in the case and testify at trial if necessary. In cases of greenfield birth injury lawyer injuries, the expert will help establish the defendant's actions are not in the guidelines of an medical professional with similar experience and training.

In addition to medical experts, attorneys will also interview anyone who may have relevant information or a story to share. These are sworn, non-judgmental statements that permit attorneys to ask witnesses directly about what happened. Some depositions are conducted over the phone or by video conference however the majority of depositions are held in court. These meetings can be challenging and stressful, but they are important to build a strong case and obtaining the best possible compensation for clients.

Statute of limitations

As in most states, birth injuries New York requires that medical malpractice claims be filed within the statute of limitations. Parents have two and two-and-a-half years from the date of an act or omission to cause the injury of their child to make a claim.

Your attorney may review the medical records of your child to determine whether any nurses or doctors along with other hospital personnel, were involved in the birth of your son or daughter. He or she may then request any relevant documents and information that may help identify the cause of your child's injuries.

Your lawyer must prove that there was a breach of contract by establishing that the defendant was bound by the child a duty and violated it by failing to provide the appropriate care under similar circumstances. To prove this, your lawyer will work with medical professionals to analyze the actions of the medical professional to accepted practices and procedures.

A lawyer can help identify witnesses who can be available to testify in your case. These experts can provide valuable insight into a doctor's decision making process and how a mistake or omission caused the birth injury of your child. Your lawyer will then be able to use this evidence to back up 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

With the right assistance, families can obtain compensation to cover medical expenses as well as lost earnings due to absence from work rehabilitation and therapy in addition to the cost of long-term care. The key to winning the birth-injury lawsuit is having the most qualified experts as your witnesses.

They will review the evidence and provide their professional opinion about whether a medical professional breached their duty of care in carrying out an action that could have caused the injuries of an infant. They can simplify medical terms for juries or judge to comprehend.

The objective of an expert witness is to provide an objective medical opinion that is based on the current state of knowledge at the time of the incident. This means that they should not exclude any relevant information in order to form a view that is more favorable to either the plaintiff or defendant.

Experts should also thoroughly review relevant medical records and current literature to be able to make an informed judgment. In some instances experts may be required to appear in a deposition (sworn out-of-court statements). These sessions can be stressful however they are an essential aspect of the preparation of a case. Your attorney can assist you prepare for these sessions and make sure that you are treated fairly.