Birth Injury Litigation

Medical negligence during labor and birth can cause serious birth injuries to infants. These injuries can have a lasting effect on the child and their family.

A successful lawsuit can help pay for current and future medical costs, lost wages, and other damages. A successful lawsuit could take years to reach.

Compensation

Despite the amazing advances in medical technology yet, childbirth is an unwise procedure. Baby and mother expect doctors to behave with professionalism and avoid making mistakes that could have lifelong consequences. If you think an institution or doctor is liable for the injury to your baby then you should contact a New York birth injuries lawyer to determine the legal options you have.

A successful claim for birth injuries can result in financial compensation. This can include future and ongoing medical expenses, lost wages, emotional stress and many other damages. In some instances, juries and judges may also award punitive damage for an act of adversity.

Your attorney will collaborate closely with a network expert witnesses to determine what transpired and the accepted standard of care. They will go through your entire medical record and review what the medical staff did during your birth injury lawsuits. This will assist them to build a strong case to increase your chances of success.

Before bringing a lawsuit your lawyer will typically attempt to negotiate with the malpractice insurer. This will require you to submit a package of demands, which includes a detailed description of your family's losses and the medical evidence to back them. The malpractice insurer will then make an offer. If a settlement isn't reached, the case will go to trial.

Damages

The damages that a plaintiff receives can be either economic (such as medical bills) or non-economic (such as suffering and pain). In a lot of cases, juries will award both. The amount of the damages an individual victim receives will be based on the degree to which the accident has affected their lives as well as evidence of their past and future losses. Some states limit the amount of non-economic damages juries may determine.

In order to pursue compensation, it must be proven that the defendant violated their duty of care. This is done by combining medical documents, birth injuries expert testimony, and depositions. Medical experts are those who have been trained in a specific area of medical practice. They evaluate all evidence and may be able to testify in court, if needed. In cases involving birth injuries, the expert will prove that the defendant acted against the standard of care for an expert in medicine with the same experience and training in the particular case.

Attorneys can also question any person who has a story that is relevant, or who has an unusual perspective. These are legally sworn statements made outside of court that allow attorneys to ask witnesses directly what transpired. Some depositions can be conducted via phone or via video conference, but the majority are conducted in court. These discussions can be difficult and stressful, but they are essential to establishing a strong case for clients and Birth injuries obtaining the highest possible compensation.

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 up to two and a quarter years to file a lawsuit following the date of a mistake, omission or inaction that they believe caused their child's injuries.

Your attorney can review the medical records of your child to determine which obstetricians nurses and other hospital personnel might have played a role in your son or daughter's birth. The attorney can seek any relevant documents and information that could help determine the cause of your child's injuries.

In order to prove the negligence, your lawyer must establish that the defendant was bound by a obligation, and then breached it in failing to comply with the standard of care under similar circumstances. To prove this, your attorney will collaborate with medical experts to compare the actions of a medical professional with accepted practices and procedures.

A lawyer can help locate witnesses to testify in your case. These experts can provide valuable insight into the doctor's decision-making process and how a specific mistake or omission led to your child's birth injury attorneys injury. Your lawyer could then use this evidence to back up your claim for compensation. A successful medical malpractice lawsuit involves two distinct legal claims one for the child who was injured and one for the parents.

Expert Witnesses

With the right assistance, families can obtain compensation to cover medical expenses, lost income from working hours taken off or rehabilitative therapies as well as the costs of long-term health care. The key to winning an injury case at birth is having the most experienced experts on your side.

These individuals can review evidence and give their professional opinion on the extent to which a medical professional breached their duty of care by performing an act which could have caused injuries to an infant. They can simplify medical terms for a jury or judge to understand.

An expert witness's role is to give unbiased medical testimony that is based on the state of medical knowledge at the time of the incident relevant to the case. This means they must not omit any relevant information to create a view that is more favorably disposed to 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 instances experts could be asked to give an oath outside of court. These sessions can be a bit intimidating but are an important part of preparing an argument. Your lawyer can help you prepare for these sessions and ensure that you are treated fairly.