Birth Injury Litigation

Medical negligence during delivery and labor can result in severe birth injuries to infants. These injuries leave a lasting effect on the child and their family.

A successful lawsuit could help with medical costs now and in the future as well as lost wages and other damages. However it could take years to complete.

Compensation

Despite the latest medical advancements childbirth can be dangerous. Both mothers and babies expect that doctors act in a professional manner and avoid making mistakes that could cause long-lasting damage. If your baby suffered an injury that was due to the negligent actions of a medical professional or hospital You might want to speak with a New York birth injury lawyer to see what legal options you have.

A successful claim for birth injuries will result in financial compensation. This can cover future and current medical expenses as well as lost wages, emotional distress, and other areas of potential damage. In some cases juries and judges could also award punitive damages in the event of an act of adversity.

Your attorney will work closely with a network of expert witnesses to determine what happened and the accepted standard of care. They will go through your records and analyze the actions of the medical staff that were present during your delivery. This will help to build solid arguments and increase your chances for success.

Before bringing a lawsuit your lawyer will generally attempt to bargain with the malpractice insurer. This will involve making a demand package that includes a report detailing your family's losses and the medical evidence that supports the claim. The malpractice insurance company will make an offer. If a settlement isn't reached, the lawsuit will proceed to trial.

Damages

The damages a plaintiff gets may be economic (such as medical bills) or non-economic (such as pain and suffering). In many cases, juries award both. The amount of damages an individual victim will be awarded is based on how the injury has affected them, as well as their past and future losses. Certain states limit the amount of non-economic damages that juries may decide to award.

In order to pursue compensation the plaintiff must prove that the defendant did not fulfill their duty of care. This is done through a combination of medical records and expert witness testimony and depositions. Medical experts are individuals who have specialized knowledge in a specific field of medical practice. They evaluate all evidence and may be called in to testify in court if required. In cases of birth injury attorney injuries, the expert will determine if the defendant's actions were outside the standard of care of medical professionals with similar training and experience.

Attorneys will also depose any person who has a story that is relevant or has an unusual perspective. These are sworn, out-of-court statements that allow attorneys to directly question witnesses about what happened. Some depositions are conducted on the phone or via video conferences, but the majority are held in the courtroom. These discussions can be stressful and stressful but they are essential in establishing a strong argument and securing the highest possible compensation for clients.

Statute of Limitations

In New York, as in many states, medical negligence claims must be filed within a statute of limitations. Parents have two and two and a half years from date of the act, omission or failure believed to have caused their child's injury to bring a lawsuit.

Your attorney may review the medical records of your child to determine whether any obstetricians or nurses and other hospital staff were involved in the birth of your daughter or son. The attorney can request any relevant documents and information that may aid in determining the cause of your child's injuries.

Your lawyer must establish the malpractice by proving that the defendant owed obligations to your child and violated it by failing to provide the required care in similar circumstances. To demonstrate 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 you find witnesses who will be available to testify in your case. These professionals can provide valuable information about a doctor's decision making process and the way in which an error or omission caused your child's birth injuries. Your lawyer can then utilize this evidence to support your claim for compensation. A successful medical malpractice claim involves two separate legal claims, one for the child that was injured and the other for their parents.

Expert Witnesses

Families can get compensation for medical expenses, lost wages due to working hours therapy and rehabilitation and costs for long-term care with the right support. However, the key to winning a birth injury lawsuit is having the most experienced expert witnesses on your side.

These individuals can review the evidence and give their professional opinion about whether a medical professional violated their duty of care by performing an act that could have led to the injuries of an infant. They can explain complicated medical terms to make them easier for judges or jury to comprehend.

The role of an expert witness is to provide an unbiased medical opinion that reflects the current state of the art as of the date of the incident. This means they should not exclude relevant information in order to create a more favorable impression for either the plaintiff or the defendant.

Experts should also carefully review relevant medical records and current literature to make an informed decision. In certain instances experts may be required to make an oath in the courtroom. These sessions can be intimidating but they are a crucial part of preparing for a case. Your attorney can prepare you for these sessions and ensure that you are treated fairly.