Birth Injury Litigation

Medical negligence during labor and delivery can cause serious birth injuries to infants. These injuries can have a long-lasting impact on the infant as well as their families.

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

Compensation

Despite incredible medical advances birth can be a risky. Mothers and babies alike expect that doctors act with professionalism and avoid errors which could have lasting consequences. If you suspect that an institution or doctor has been negligent in causing your baby's injury or harm, you should speak with a New York birth injuries lawyer to determine the legal options you have.

A successful claim for birth injuries will result in financial compensation. This could include current and birth injuries future medical costs, lost wages, emotional stress, and other damages that could be awarded. In some cases juries or judges can also award punitive damages in the event of the most egregious of conduct.

Your attorney will work in conjunction with a network of experts witnesses to discover what happened and define the standard of care that is accepted. They will go through all your medical records and analyze what the medical staff did during your delivery. This information will help them build a strong case to increase your chances of success.

Typically, your lawyer will try to reach a settlement with the malpractice carrier before filing a lawsuit. This would involve the submission of a demand document, which will include a written statement of your family's losses, as well as medical evidence that supports them. The malpractice insurance company will respond with an offer. If a settlement cannot be reached, the case will proceed to trial.

Damages

The damages a plaintiff gets may be economic (such as medical bills) or non-economic (such as suffering and pain). In many cases the jury awards both. The amount of damages the victim is awarded is determined by how the accident has affected them, as well as their previous and future losses. Certain states also have limits on how much a jury can award for non-economic damages.

To be able to seek compensation, you must show that the defendant breached their duty of care. This is done by a combination of medical documents as well as expert witness testimony and depositions. Medical experts are people who have been trained in a particular field of medical practice. They examine all evidence and can appear in court if they are required. In cases involving birth injuries, the expert will establish that the defendant's actions did not meet the scope of care for an expert in the field with similar training and experience.

In addition to medical experts, attorneys will take the depositions of anyone who has an important story or insight. They are sworn statements that are delivered outside of court that allow attorneys to ask witnesses directly what transpired. Depositions can be conducted via telephone or via videoconference however the majority of depositions are conducted in court. These discussions can be difficult and stressful but are crucial to constructing a convincing case for clients and obtaining the maximum possible amount of compensation.

Statute of limitations

In New York, as in many states, medical negligence claims must be filed within the time frame of a statute of limitations. Parents have two and two and a half years from date of an act or omission believed to have led to the injury of their child to pursue a lawsuit.

Your attorney will be able to review the medical records of your child to determine whether any nurses or doctors, as well as other hospital staff were involved in the birth injury lawsuits of your son or daughter. They can seek any relevant documents and other information that could aid in determining the cause of your child's injuries.

When proving malpractice, your lawyer must establish that the defendant was bound by a obligation and then violated this obligation by failing to meet the standards of care required in similar circumstances. To demonstrate this, your attorney will work with medical experts to evaluate the actions of the medical professional to accepted practices and procedures.

A lawyer can also help you find witnesses to testify about your case. They can provide valuable insight into the decision-making process of a doctor and how a mistake or omission caused the birth injury of your child. This evidence can be utilized by your lawyer to justify your claim for compensation. A successful medical malpractice claim involves two separate legal claims one for the child injured and another for their parents.

Expert Witnesses

With the right assistance, families can obtain the compensation they need to pay medical bills and lost income due to time off from work rehabilitation and therapy as well as the cost of long-term care. The key to winning a birth injury case is having the most experienced experts on your side.

These individuals can review evidence and provide a professional opinion on whether a medical professional acted in violation of their duty of caring by doing something which could have caused an infant's injury. They can simplify medical terms for a jury or judge to comprehend.

The role of an expert witness is to provide an objective medical opinion that reflects the current state of knowledge as of the date of the incident. This means they must not exclude any relevant information to develop a view that is more favorable to either the plaintiff or the defendant.

Experts should also carefully review relevant medical records and contemporary literature to make an informed decision. In some instances, experts may be called to provide a deposition (sworn out-of court statement). These sessions can be a bit intimidating however they are an essential aspect of making a case. Your lawyer can help you prepare for these sessions and make sure that you are treated with respect.