Birth Injury Litigation

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

A successful lawsuit can aid in the payment of medical expenses now and in the future as well as lost wages and other damages. However it could take years to complete.

Compensation

Despite amazing medical advances, childbirth can be risky. Babies and mothers alike hope that doctors act in a professional manner and avoid errors which could have lasting consequences. If your baby suffered an injury caused by the carelessness of a hospital or doctor You might want to consult a New York birth injury lawyer to determine the legal options you have.

A successful claim for birth injury law firms injuries results in financial compensation. This could include future and current medical expenses and lost wages, emotional stress and other potential damages. In some cases juries and judges can also award punitive damages for egregious behavior.

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 review your records and review the actions of the medical team present during your delivery. This will assist them to make a convincing case and maximize your chances of success.

Before bringing a suit, your lawyer is likely to try to negotiate with the malpractice insurer. This will require you to submit an agenda of demands that includes a full statement outlining your family's losses as well as the medical evidence that supports them. The malpractice insurer will then make an offer. If no settlement is reached the case will go to trial.

Damages

The damages that a plaintiff receives can be either economic (such as medical bills) or non-economic (such as pain and suffering). In a lot of cases the jury awards both. The amount of damages an individual victim receives will be determined by the degree to which the accident has affected their lives, and also the evidence of the past and future losses. Certain states also impose limitations on the amount an individual 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 by the use of medical evidence, expert testimony and depositions. Medical experts are individuals who are experts in a certain area of medical practice. They examine all evidence in the case and are able to testify at trial, if needed. In cases involving birth injuries, the expert will help establish the defendant's actions did not meet the standards of care expected of medical professionals with similar experience and training.

Attorneys can also depose any person who has a story that is relevant or who has a unique insight. These are sworn out-of-court statements that permit attorneys to inquire directly with witnesses about what happened. Depositions can be conducted over the phone or via video conferences, but the majority are conducted in a courtroom. These meetings are often stressful and stressful, but are essential in establishing a strong argument for clients and to securing the highest possible amount of compensation.

Statute of limitations

In New York, as in the majority of states, medical malpractice claims must be filed within the statute of limitations window. Parents have two and two-and-a-half years from the date of the act or omission that is believed to cause injury to their child to file a lawsuit.

Your attorney can review your child's medical records to determine which obstetricians, nurses and other hospital staff could have been involved in your son or daughter's birth. He or she can then seek any relevant documents and information that could aid in determining the cause of your child's injuries.

When proving negligence, your lawyer must prove that the defendant was responsible for your child's obligation, and then breached it by failing to uphold the standard of care in similar circumstances. To demonstrate this, your attorney will collaborate with medical experts to analyze the actions of the medical professional to accepted practices and procedures.

A lawyer can help you locate witnesses to be able to testify in your case. They can provide valuable information about the decision-making process of a doctor and the way in which an error or omission caused the birth injuries of your child. Your lawyer can then utilize this evidence to prove your claim for compensation. A successful medical malpractice claim involves two separate legal claims, one for the child who is injured as well as one for the parents of the child.

Expert Witnesses

Families can get compensation for medical expenses, lost wages resulting from time off work, rehabilitation treatments and therapies and costs for long-term care with the right support. The most important factor to win a birth-injury claim is having the best experts as your witnesses.

They are able to look over evidence and offer an expert opinion on whether a medical professional violated their duty of care performing an act that could have caused the injury of an infant. They can simplify medical terms for a jury or judge to understand.

The expert witness's job is to provide an objective medical opinion that is based on the current knowledge as of the date of the event. This means that they should not exclude any relevant information to create a view that is more favorably disposed to either the plaintiff or the defendant.

Experts should also examine the relevant medical records and contemporaneous literature with sufficient thoroughness to allow them to form an informed opinion. In some instances experts could be asked to provide a deposition (sworn out-of-court declaration). These meetings can be stressful however they are an essential part of preparing for a case. Your lawyer can help you prepare for these sessions and make sure that you are treated with respect.