Birth Injury Litigation

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

A successful lawsuit can be used to pay for future and present medical costs, lost wages, and other losses. A successful lawsuit may take years to achieve.

Compensation

Despite remarkable medical advances childbirth can be dangerous. Babies and mothers alike hope that doctors act with professionalism and avoid blunders that could have long-lasting consequences. If your baby was injured due to carelessness of a doctor or hospital you might want to speak with an New York mount pleasant birth injury lawsuit injury lawyer to determine what legal recourses you have.

A successful claim for birth injuries results in financial compensation. This could cover future and current medical expenses loss of wages, emotional distress, and other areas of potential damage. In some cases juries or judge may also award punitive damages for unacceptable conduct.

Your attorney will work with a team of experts witnesses to analyze what happened and establish the standard of care that is accepted. They will review your records and review the actions of the medical professionals that were present during your delivery. This will assist them to build a strong case to maximize your chances of success.

Before bringing a lawsuit, your lawyer will typically try to bargain with the malpractice insurer. This will require you to submit an itemized list of demands which includes a detailed statement outlining your family's losses and the medical evidence to back the claims. The malpractice carrier will then respond with an offer. If a settlement isn't reached, the lawsuit 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 will award both. The amount of the damages a victim receives will be determined by the degree to which the accident has affected their life, and also the evidence of the past and future losses. Certain states also have restrictions on the amount the jury can award in non-economic damages.

To be able to seek compensation, you must show that the defendant violated their duty of care. This is accomplished by mixing medical documents, expert testimony, and depositions. Medical experts are people who have specialized knowledge in a particular field of medicine. They review all evidence in the case and testify at trial if needed. In birth injury cases the expert will determine if the defendant's actions were outside the scope of care for an medical professional with similar experience and training.

In addition to medical experts, attorneys also take the depositions of anyone who might have an interesting story or insight. They are sworn, outside-of-court statements that permit attorneys to inquire directly with witnesses about what happened. Some depositions are conducted over the phone or by video conference however, the majority are conducted in court. These depositions can be difficult and stressful, but they are important in establishing a strong case and securing the highest possible compensation for clients.

Statute of limitations

As in most states, New York requires that medical malpractice claims be filed within the statute of limitations. Parents have two and a half years to file a suit within the time frame of a mistake, omission or failure that they believe caused their child's injuries.

Your attorney can look over your child's medical records to determine which obstetricians nurses and other hospital staff might have played a role in your daughter or son's birth. The attorney can seek any relevant documents and information that could help determine the cause of your child's injuries.

Your lawyer has to prove the case of malpractice by proving that the defendant was bound by obligations to your child and breached it by failing to provide the appropriate care under similar circumstances. To establish this, your lawyer will work with medical experts to evaluate the actions of the medical professional to accepted practices and procedures.

A lawyer can assist you identify witnesses who can be able to testify in your case. These professionals can give valuable insights into the doctor's decision-making process and how a specific mistake or omission contributed to the birth injury of your child. Your lawyer could then use this evidence to back up your claim for compensation. A successful medical malpractice lawsuit involves two separate legal claims one for the injured child and one for the parents.

Expert Witnesses

Families can get compensation for medical expenses, lost wages due to the absence of work, rehabilitation treatments and therapies, and long-term care costs with the right assistance. The key to winning an injury case at birth is having the most qualified experts as your witnesses.

They are able to review the evidence and provide their professional opinion as to whether a medical professional breached their duty of care by performing an act that could have led to an infant's injury. They can explain complicated medical terms to make them easier for a judge or jury to understand.

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 event. This means that they cannot remove relevant information to provide a more favorable perspective for either the plaintiff or defendant.

Experts should also carefully review relevant medical records and recent literature to to form an informed opinion. In certain instances, an expert may be asked to give an oath in court. These meetings can be stressful, but they are a necessary part of preparing for a trial. Your lawyer can prepare you for these sessions and ensure that you are treated with respect.