Birth Injury Litigation

Medical mistakes during labor and delivery can cause severe birth injuries to infants. These injuries can have a lasting impact on the child and their family.

A successful lawsuit can help with medical costs now and in the future, lost wages, and other damages. However it can take a long time to get.

Compensation

Despite the latest medical advancements, childbirth can be risky. Parents and their babies expect doctors in attendance to act with professionalism and avoid errors that could have lasting consequences. If you think the hospital or doctor was negligent in causing the injuries to your baby or harm, you should speak with a New York birth injuries lawyer to determine what legal options you have.

A successful claim for birth injuries can result in financial compensation. This can be used to pay for the current and future medical expenses as well as lost earnings, emotional distress, and other potential areas of damage. In certain instances juries or judges could also award punitive damages in the event of the most egregious of conduct.

Your attorney will work closely with a network expert witnesses to determine what transpired and the accepted standard of treatment. They will review your records and examine the actions of the medical professionals who were present during your delivery. This information will help them build a strong case and maximize your chances of success.

Typically your lawyer will attempt to reach a settlement with the malpractice insurer prior to filing a lawsuit. This will require you to submit a package of demands, that includes a full statement outlining your family's losses and the medical evidence to back them. The malpractice insurer will then make an offer. If no settlement is reached the case will proceed to trial.

Damages

The damages plaintiffs may be awarded are either economic (such medical bills) or not-economic (such suffering and pain). In a lot of cases juries award both. The amount of the damages a victim receives will be based on the extent to which the injury has affected their lives, and also the evidence of their past and future losses. Some states limit the amount of non-economic damages that juries may decide to award.

In order to seek compensation to recover compensation, it must be proved that the defendant breached their duty of care. This is done through the use of medical records as well as expert witness testimony and depositions. Medical experts are people who specialize in a certain area of medicine. They scrutinize every piece of evidence and appear in court if they are required. In cases of birth injuries, the expert will be able to prove that the defendant's actions are not in the standard of care of medical professionals with similar experience and training.

Attorneys can also depose anyone who has a relevant story or has an unique perspective. They are sworn statements that are that are made outside of court and allow attorneys to ask witnesses directly what happened. Depositions can be conducted via phone or by video conference but the majority are held in the courtroom. These depositions are often challenging and stressful, but they are essential to building a strong case for clients and obtaining the highest possible compensation.

Statute of limitations

In New York, as in most states, Birth Injury law firms medical malpractice claims must be filed within a time frame of a statute of limitations. Parents have two and a half years to file a lawsuit within the time frame of a wrongful act, omission, or inaction that they believe caused their child's injuries.

Your attorney can look over the medical records of your child to determine which obstetricians, nurses and other hospital personnel may have been involved in your daughter or son's birth. He or she will ask for any documents and information that pertains to the injuries of your child.

When proving malpractice, your lawyer must establish that the defendant was responsible for your child's obligation, and then breached it in failing to comply with the standards of care required in similar circumstances. To prove this, your attorney will work with medical experts to evaluate the actions of a medical professional with accepted practices and Birth Injury law Firms procedures.

A lawyer can also assist you to find witnesses who can testify about your case. These experts can provide valuable insight into the process of making decisions by a doctor and how an error or omission resulted in your child's birth injuries. This information can be utilized by your lawyer in support of your claim for compensation. A successful medical malpractice case involves two separate legal claims one for the child that was injured and another for their parents.

Expert Witnesses

Families can receive compensation for medical expenses, lost wages due to time off work, rehabilitation treatments and therapies, and long-term care costs with the right support. The key to winning a birth injury law Firms injury case is having the top expert witnesses on your side.

They are able to look over evidence and offer an expert opinion on whether a medical professional acted in violation of their duty of caring by doing something that could have caused injuries to an infant. They can also explain complicated medical terms to make it easier for judges or jury to understand.

An expert witness's job is to provide impartial medical testimony that is based on the current state of knowledge at the time of the incident relevant to the case. This means they should not ignore relevant information in order to give a more favorable impression for either the plaintiff or the defendant.

Experts should also review the relevant medical records and contemporaneous literature with sufficient depth to enable them to form a sound opinion. In some instances, experts may be called to give a deposition (sworn out-of-court declaration). These sessions can be stressful but they are an essential part of making for a trial. Your attorney can help you prepare for these sessions and make sure that you are treated fairly.