Birth Injury Litigation

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

A successful lawsuit can be used to pay for future and present medical costs, lost wages, and other damages. However it could take a long time to get.

Compensation

Despite the remarkable medical advancements however, childbirth remains an unwise procedure. Both babies and mothers expect that doctors behave professionally and avoid errors that could result in long-lasting harm. If you think the doctor or hospital is liable for the injuries 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 could cover the current and future medical expenses, lost wages, emotional stress, and other areas that could cause damage. In certain cases juries and judges could also award punitive damages in the event of unacceptable behavior.

Your attorney will work with a group of expert witnesses to analyze what happened and establish the accepted standard of care. They will look over your medical records and evaluate the actions of the medical personnel that was present during your birth injury attorneys. This information will help them create a strong case and increase your chances of success.

Before bringing a lawsuit, your lawyer is likely to attempt to negotiate with the malpractice insurer. This will mean submitting an itemized list of demands which includes a detailed statement outlining your family's losses and the medical evidence to justify them. The malpractice insurer will then make an offer. If a settlement is not reached, the case will proceed to trial.

Damages

The damages a plaintiff can receive can be monetary (such medical bill) or non-economic (such s suffering and pain). In a majority of cases, juries give both. The amount of damages an individual victim receives will be based on the degree to which the accident has impacted their life, as well as evidence of the past and future losses. Certain states also impose limits on the amount that the jury can award in non-economic damages.

To be able to seek compensation, you must prove that the defendant violated their duty of caring. This is done through a combination of medical records, expert witness testimony, and depositions. Medical experts are people who are knowledgeable in a particular field of medicine. They evaluate all evidence in the case and can testify at trial, if needed. In cases of birth injuries, the expert will help establish the defendant's actions fell outside the standards of care expected of an expert in the field with similar training and experience.

Attorneys will also depose any person who has a story that is relevant or who has an unique perspective. These are sworn out-of-court statements that allow attorneys to inquire directly with witnesses about what happened. Depositions can be conducted via telephone or via videoconference but the majority are held in court. These depositions can be difficult and stressful however they are crucial in establishing a strong case and obtaining the best compensation for clients.

Statute of Limitations

Like many states, New York requires that medical malpractice claims be filed within the statute of limitations. Parents have up to two and a half years to file a lawsuit after the date of the wrongful act, omission, or failure that they believe caused their child's injuries.

Your attorney may review the medical records of your child to determine which doctors, nurses and other hospital personnel could have been involved in your daughter or son's birth. They will request any documents and information relevant to the injury of your child.

In order to prove misconduct, your lawyer needs to prove that the defendant was responsible for your child's obligation and then violated this obligation by failing to uphold the standards of care in similar circumstances. To prove this, your attorney will collaborate with medical experts to analyze the actions of the medical professional to accepted practices and procedures.

A lawyer can also help you identify witnesses and find them to testify on your behalf. These experts can provide valuable information about a doctor's decision making process and how an error or omission caused the birth injury lawsuit injury of your child. Your lawyer can then use this evidence to back up your claim for compensation. A successful medical malpractice case requires two distinct legal claims one for the child injured and one for parents.

Expert Witnesses

Families can receive compensation for medical bills, lost wages from absences from work therapy and rehabilitation as well as costs for long-term health care with the right assistance. But the key to successfully winning a birth injury case is having the top expert witnesses for your case.

They can look over the evidence and give their professional opinions on whether a medical professional acted in breach of their obligation of care by taking an action that could have caused an infant's injury. They can simplify medical terms for juries or judge to comprehend.

An expert witness's job is to give unbiased medical evidence that reflects the current state of knowledge at the time of the event that is being investigated. This means that they should not exclude any relevant facts to form a view that is more favorable to either the plaintiff or the defendant.

Experts should also carefully review relevant medical records and current literature to in making an informed judgement. In some cases experts could be asked to provide deposition (sworn out-of-court statement). These sessions can be daunting but they are a crucial part of the preparation of the case. Your attorney can help you prepare for these sessions and make sure that you are treated with respect.