Birth Injury Litigation

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

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

Compensation

Despite remarkable medical advances childbirth can be dangerous. Both babies and mothers expect that doctors act with professionalism and avoid mistakes that could have long-lasting consequences. If you suspect that the doctor or hospital was negligent in causing the injuries to your baby, you should contact a New York birth injuries lawyer to determine the legal options you have.

If you win your claim, you will be awarded financial compensation. This can include current and future medical costs loss of wages, emotional stress, and other potential damages. In certain cases juries and judge may also award punitive damage for an act of adversity.

Your attorney will collaborate with a team of experts witnesses to analyze what happened and establish the standard of care that is accepted. They will go through all of your records and review the actions of your medical team during your delivery. This will help them build a strong case to increase your chances of success.

Before bringing a lawsuit, your lawyer will generally attempt to talk to the malpractice insurance company. This is done by making a demand package which includes a detailed account of your family's losses along with medical evidence to support the claims. The malpractice insurer will respond with an offer. If a settlement cannot be reached, the case will go to trial.

Damages

The amount of damages a plaintiff is awarded may be either financial (such as medical bills) or non-economic (such as pain and suffering). In many cases juries award both. The amount of the damages an individual victim receives will be based on the extent to which the incident has impacted their life, and also the evidence of their past and future losses. Some states restrict the amount of non-economic damages juries can award.

In order to be eligible for compensation, you must show that the defendant breached their duty of caring. This is accomplished by a combination of medical documents and expert witness testimony and depositions. Medical experts are those with specialized knowledge in a specific field of medical practice. They scrutinize all evidence and are able to be called in to testify in court if required. In cases involving birth injuries, the expert will determine if the defendant's actions fell outside the standards of care expected of a medical professional of similar training and experience.

Attorneys may also depose anyone with a pertinent story, or who has an exclusive perspective. These are legally sworn statements which are not in court and permit attorneys to inquire about witnesses directly what transpired. Some depositions can be conducted over the phone or by video conference however the majority of depositions are conducted in court. These conversations are often difficult and stressful but are crucial to constructing a convincing case for clients and obtaining the best possible amount of compensation.

Statute of limitations

In New York, as in many states, medical negligence claims must be filed within the statute of limitations. Parents have two and a quarter years to file a lawsuit following the date of a wrongdoing, omission, or omission they believe caused their child's injuries.

Your attorney will be able to review the medical records of your child to determine if any obstetricians or nurses along with other hospital personnel, were involved in the birth of your son or daughter. He or she will then request any documents and information related to the injury of your child.

Your lawyer has to prove the case of malpractice by establishing that the defendant was bound by a duty to your child and violated it by failing to provide the proper care in similar circumstances. To prove this, your lawyer will work with medical experts to compare the medical professional's actions to accepted practices and procedures.

A lawyer can also assist you to identify witnesses and find them to testify about your case. They can provide valuable information about the decision-making process of a doctor and how a mistake or omission caused your child's birth injuries. Your lawyer could then use this evidence to back up your claim for compensation. A successful medical malpractice case involves two separate legal claims, one for the child who was injured and the other for their parents.

Expert Witnesses

With the right support families can get the compensation they need to pay medical bills and lost income due to time away from work, rehabilitative treatments and therapies in addition to the costs of long-term health care. The most important factor to win a birth injury-injury claim is having the most experienced experts on your side.

They can also review evidence and provide a professional opinion on whether a medical professional has violated their duty to care by doing something that could have resulted in injuries to an infant. They can also explain complicated medical terms to make it easier for judges or jury to comprehend.

An expert witness's job is to provide objective medical evidence that reflects the state of medical knowledge at the time of the incident that is in dispute. This means they must not exclude any relevant information in order to form a view that is more favorable to either the plaintiff or defendant.

Experts must also look over the relevant medical records as well as contemporaneous research with sufficient detail to allow them to form a sound opinion. In certain cases experts could be asked to appear in a deposition (sworn out-of-court statement). These sessions can be daunting however they are an essential element of preparing for a trial. Your attorney can help prepare for these sessions and ensure that you are treated with respect.