Birth Injury Litigation

Medical negligence during the delivery process and labor can result in severe birth injuries for infants. These injuries can have a lasting impact on the child as well as their families.

A successful lawsuit can be used to pay for future and ongoing medical expenses, lost wages, and other damages. However the process of obtaining a lawsuit that is successful can take a long time to get.

Compensation

Despite remarkable medical advances birth can be a risky. Baby and mother expect doctors on hand to act with professionalism and avoid mistakes that could have lasting consequences. If your baby was injured that was due to the negligence of a medical professional or hospital you might want to consult a New York birth injury lawyer to determine the legal recourse you have.

A successful claim for birth injuries will result in financial compensation. This can cover the medical costs of the present and future, lost wages, emotional distress, and other areas of damage. In certain cases juries and judge may also award punitive damages in the event of egregious behavior.

Your attorney will collaborate with a network of expert witnesses to determine what occurred and establish the standard of care that is accepted. They will review your records and evaluate the actions of the medical team that were present during your delivery. This information can help build a strong argument and maximize your chances for success.

Typically, your lawyer will try to reach a settlement agreement with the malpractice carrier before filing an action. This will require you to submit an itemized list of demands which includes a detailed statement outlining your family's losses as well as the medical evidence to support the claims. The malpractice insurer will then make an offer. If no settlement is reached, the lawsuit will proceed to trial.

Damages

The damages that a plaintiff can receive can be either financial (such medical bill) or non-economic (such as pain and suffering). In a majority of cases, juries give both. The amount of compensation an individual victim will be awarded is based on how the accident has affected them, as well as their previous and future losses. Some states restrict the amount of non-economic damages juries may award.

In order to be eligible for compensation, you must prove that the defendant breached their duty to care. This is done by the use of medical documents, expert testimony, and depositions. Medical experts are people who specialize in a particular area of medical practice. They evaluate all evidence in the case and testify at trial if needed. In cases involving birth injuries the expert will prove that the defendant acted against the standard of care expected from a medical professional with the same training and experience in the specific circumstances of the case.

In addition to medical experts, attorneys will also take the depositions of anyone who might have an important story or insight. These are sworn out-of-court statements that allow attorneys to ask witnesses directly about what happened. Some depositions can be conducted via phone or by video conference however the majority of depositions are conducted in court. These conversations can be difficult and stressful, but they are important in building a strong case and securing the most favorable compensation for clients.

Statute of limitations

In most states, New York requires that medical malpractice claims be filed within the statute of limitations. Parents have two and two and a half years from date of the act or omission to have led to the injury of their child to bring a lawsuit.

Your attorney can review the medical records of your child to determine which obstetricians nurses, and other hospital staff might have played a role in your son or daughter's birth. The attorney can request any relevant documents and data that can help identify the cause of the injuries to your child.

Your lawyer must prove malpractice by proving that the defendant was bound by an obligation to your child and failed to provide the required care under similar circumstances. To prove this, your attorney will work with medical experts to compare the actions of a medical professional with accepted practices and procedures.

An attorney can help you find witnesses who will be available to testify in your case. These professionals can give an insight into the doctor's decision-making process and how a specific error or omission contributed to the birth injury to your child. This evidence can be utilized by your lawyer to support your claim for compensation. A successful medical malpractice claim involves two distinct legal claims one for the child injured and one for the parents.

Expert Witnesses

Families can receive compensation for medical expenses, lost wages resulting from time off work therapy and rehabilitation and costs for long-term care with the right assistance. The most important factor to win a birth-injury case is having the most qualified experts as your witnesses.

They will review the evidence and provide a professional opinion as to whether a medical professional has violated their duty of care by performing an action that could have caused an infant's injuries. They can explain complicated medical terms to make it easier for judges or jury to comprehend.

The objective of an expert witness is to provide an objective medical opinion that reflects the current knowledge at the time of the incident. 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 carefully review relevant medical records and contemporary research make an informed decision. In certain cases, an expert may be required to give an oath in the courtroom. These sessions can be intimidating but they are an essential part of making an argument. Your attorney can help you prepare for these sessions and make sure that you are treated with respect.