Birth Injury Litigation

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

A successful lawsuit can be used to pay for future and present medical costs, lost wages, and other losses. However it could take years to complete.

Compensation

Despite remarkable medical advances childbirth can be dangerous. Babies and mothers alike hope that doctors will act professionally and avoid making mistakes which could have lasting consequences. If you think the doctor or hospital was negligent in causing the injury to your baby and/or death, you should consult 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 can include future and current medical expenses, lost wages, emotional stress, and other potential damages. In certain cases juries or judges can also award punitive damages for unacceptable conduct.

Your attorney will work closely with a network of expert witnesses to determine what happened and the standard of care you should expect. They will go through your entire medical record and examine the actions of your medical team during your delivery. This information will help build a strong argument and maximize your chances of success.

Before bringing a suit, your lawyer will generally attempt to talk to the malpractice insurance company. This will require submitting an itemized list of demands that includes a comprehensive account of the losses your family has suffered and the medical evidence to support the claims. The malpractice insurance company will make an offer. If there is no settlement, the case will go to trial.

Damages

The damages plaintiffs may be awarded are either economic (such a medical bill) or not-economic (such as pain and suffering). In a majority of cases juries award both. The amount of damages the victim will receive will depend on how the injury has affected them in addition to their past and future losses. Certain states also impose limits on the amount that a jury can award in non-economic damages.

To be able to seek compensation, it must be proven that the defendant did not fulfill their duty of care. This is done by a combination of medical documents and expert witness testimony and depositions. Medical experts are people who are experts in a specific area of medicine. They review all evidence in the case and testify at trial, if needed. In birth injury cases, the expert will help establish the defendant's actions were outside the guidelines of a medical professional of similar training and experience.

Attorneys may also depose anyone with a pertinent story or has an unusual perspective. These are sworn declarations which are not in court and permit attorneys to inquire about witnesses directly what transpired. Some depositions are conducted via the phone or via video conference, but the majority are held in a courtroom. These discussions can be difficult and stressful, but are essential to building a strong case for clients and obtaining the best possible compensation.

Statute of limitations

As in most states, New York requires that medical malpractice claims be filed within the prescribed time of limitations. Parents have two and two-and-a-half years from the date of an incident or omission believed to have caused their child's injury to make a claim.

Your attorney will be able to review the medical records of your child to determine if any obstetricians or nurses as well as other hospital personnel, were involved in the birth of your son or daughter. The attorney can seek any relevant documents and information that could help determine the cause of your child's injuries.

Your lawyer must prove that there was a breach of contract by establishing that the defendant was bound by an obligation to your child and violated it by failing to provide the required care under similar circumstances. To prove this, you attorney will work with medical professionals in comparing the actions of the medical professional with accepted procedures and practices.

A lawyer can assist you identify witnesses who can be able to testify in your case. These experts can provide valuable insight into the process of making decisions by a doctor and how an error or omission caused your child's birth injuries. Your lawyer can then use this evidence to back up your claim for compensation. A successful medical malpractice claim involves two separate legal claims one for the child who was injured and another for their parents.

Expert Witnesses

With the right help families can get compensation for medical expenses and lost income due to time away from work, rehabilitative treatments and therapies as well as the costs of long-term care. The most important factor to win a birth-injury case is having the best experts on your side.

They can also review evidence and give their professional opinion on whether a medical professional has violated their duty of caring by performing an act that could have led to the injury of an infant. They can simplify medical terms for juries or judge to comprehend.

An expert witness's role is to provide objective medical testimony that reflects the state of medical knowledge at the time of the incident in question. This means they should not remove relevant information to provide a more favorable view for either the plaintiff or the defendant.

Experts should also study relevant medical records and contemporary research to form an informed opinion. In some instances, experts may be called to provide deposition (sworn out-of-court statements). These sessions can be intimidating but they are a necessary part of preparing for a case. Your lawyer can prepare you for these sessions and ensure that you are treated with respect.