Birth Injury Litigation

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

A successful lawsuit could help pay for future and current medical expenses, lost wages and other damages. A successful lawsuit may require years to obtain.

Compensation

Despite the latest medical advancements, childbirth can be risky. Mothers and babies expect doctors to be professional and avoid making mistakes that could result in permanent consequences. If your baby was injured that was caused by negligence of a doctor or hospital, you may want to consult an New York birth injury lawyer to determine what legal recourses you have.

If you're successful in your claim, you'll receive financial compensation. This can cover future and current medical expenses and lost wages, emotional distress, and other potential areas of damage. In certain cases juries or judges can also award punitive damages for unjust conduct.

Your attorney will work closely with a network expert witnesses to determine what took place and the standard of care you should expect. They will review your medical records and review the actions of the medical staff that was present during your birth injury law firm. This information can help build strong arguments and increase your chances for success.

Typically your lawyer will attempt to reach a settlement with the malpractice insurance company prior to filing an action. This will mean submitting an array of demands that includes a comprehensive description of your family's losses and medical evidence to support them. The malpractice insurer will then make an offer. If a settlement is not reached, the lawsuit will go to trial.

Damages

The damages a plaintiff gets could be monetary (such as medical bills) or non-economic (such as pain and suffering). In many cases juries give both. The amount of damages the victim is awarded will depend on how the injury has affected them, as well as their past and future losses. Some states also place limits on the amount that an individual jury can award in non-economic damages.

In order to be eligible for compensation, you must prove that the defendant violated their duty of caring. This is done by the use of medical records, expert witness testimony, and depositions. Medical experts are those who are knowledgeable in a particular field of medicine. They scrutinize all evidence in the case and can testify at trial if needed. In cases involving birth injuries, the expert will determine if the defendant's actions fell outside the guidelines of a medical professional of similar training and experience.

Attorneys can also question anyone with a relevant story or who has an exclusive perspective. These are sworn statements which are not in court and birth injuries allow attorneys to ask witnesses directly what happened. Depositions can be conducted over the phone or through a video conference, however most are held in a courtroom. These conversations can be difficult and stressful, but they are important in establishing a strong argument and securing the most favorable compensation for clients.

Statute of limitations

In New York, as in the majority of states, medical malpractice claims must be filed within a statute of limitations window. Parents have two and a half years to file a lawsuit within the time frame of a negligent act, omission or omission they believe caused the injuries of their child.

Your attorney can review the medical records of your child to determine which obstetricians nurses and other hospital staff might have been involved in your daughter or son's birth. He or she may then seek any relevant documents and data that can help determine the reason for the injuries to your child.

In order to prove negligence, your lawyer must establish that the defendant was bound by a duty and breached this duty by failing to meet the standards of care required in similar circumstances. To demonstrate this, your attorney will collaborate with medical experts in comparing the medical professional's actions to accepted practices and procedures.

A lawyer can help you locate witnesses to testify in your case. These experts can provide valuable information about a doctor's decision making process and how an error or omission caused the birth injury of your child. Your lawyer will then be able to use the evidence to support your claim for compensation. A successful medical malpractice claim involves two separate legal claims one for the child injured and the other for their parents.

Expert Witnesses

With the right help, families can obtain compensation that covers medical bills, lost income from absence from work as well as rehabilitative therapies and treatments in addition to the cost of long-term care. But the most important thing to winning a birth injury lawsuit is having the top experts available to be on your side.

They can look over the evidence and Birth injuries provide their professional opinion about whether a medical professional violated their obligation of care by taking an act that could have led to injuries to an infant. They can simplify medical terms for a jury or judge to comprehend.

An expert witness's role is to provide objective medical testimony that reflects the state of knowledge at the time of the incident in question. This means they should not remove relevant information to provide a more favorable view for either the plaintiff or the defendant.

Experts should also review the relevant medical records as well as contemporaneous research with sufficient detail in order to form a sound opinion. In some cases experts could be asked to give an oath in the courtroom. These sessions can be daunting but they are a necessary part of preparing for a case. Your attorney can help prepare for these sessions and ensure that you are treated fairly.