Birth Injury Litigation

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

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

Compensation

Despite incredible medical advances childbirth can be dangerous. Parents and their babies expect the doctors who attend to behave with professionalism and avoid errors that could have lifelong consequences. If your baby suffered an injury that was due to the negligence of a hospital or doctor, you may want to consult a New York birth injury law firms injury lawyer to find out what legal recourse you have.

If you are successful in your claim, you'll be awarded financial compensation. This could include current and future medical costs, lost earnings, emotional stress and other potential damages. In certain cases juries and judges can also award punitive damage for the most egregious of conduct.

Your attorney will collaborate closely with a network of expert witnesses to determine what transpired and the standard of care you should expect. They will look over your medical records and evaluate the actions of the medical professionals that were present during your delivery. This information will help them build a strong case and maximize your chances of success.

Typically, your lawyer will try to reach a settlement agreement with the malpractice company prior to filing a lawsuit. This involves sending a demand packet, which will include a written statement of your family's losses, as well as medical evidence that supports the claim. The malpractice insurance company will make an offer. If there is no settlement the case will go to trial.

Damages

The damages a plaintiff receives 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 that the victim is awarded is based on how the injury has affected them, in addition to their past and future losses. Some states restrict the amount of non-economic damages a jury may award.

To be able seek compensation, you must prove that the defendant did not fulfill their duty of caring. This is accomplished by a combination of medical records as well as expert witness testimony and depositions. Medical experts are people who have been trained in a certain area of medical practice. They examine every piece of evidence and testify in court if needed. In cases involving birth injuries, an expert can help prove that the defendant acted beyond the standards of care for medical professionals with the same training and experience in the specific circumstances of the case.

In addition to medical experts, attorneys also interview anyone who has a relevant story or insight. These are legally sworn statements delivered outside of court that permit attorneys to inquire about witnesses directly what transpired. Some depositions can be conducted over the phone or via video conference but the majority are held in court. These meetings can be challenging and stressful but they are essential in establishing a strong argument and obtaining the best possible compensation for clients.

Statute of limitations

In New York, as in the majority of states, medical malpractice claims must be filed within a timeframe of. Parents have two and a half years to file a lawsuit after the date of a mistake, omission or inaction that they believe caused the injuries of their child.

Your attorney will be able to review the medical records of your child to determine if any obstetricians or nurses and other hospital personnel, were involved in the birth of your daughter or son. The attorney can request 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 establishing that the defendant owed the child a duty and breached it by failing to provide the required care in similar circumstances. To establish this, your lawyer will collaborate with medical experts to compare the actions of the medical professional to accepted practices and procedures.

A lawyer can also assist you to find witnesses to testify about your case. They can provide valuable insight into the decision-making process of the doctor and explain how a particular error or omission caused your child's birth injury. This evidence can be utilized by your lawyer to prove your compensation claim. A successful medical malpractice case involves two separate legal claims one for the child who was injured and another for the parents.

Expert Witnesses

With the right help families can secure compensation that covers medical bills as well as lost earnings due to absence from work rehabilitation and therapy and the cost of long-term medical care. But the most important thing to winning a birth injury lawsuit is having the most experienced experts available for your case.

These individuals can review the evidence and provide their professional opinions on whether a medical professional breached their duty of care by performing an action which could have resulted in an infant's injury. They can simplify medical terms for juries or judge to comprehend.

The expert witness's job is to give an impartial medical opinion that is based on the current state of knowledge at the time of the event. This means they must not ignore relevant information in order to give a more favorable view for either the plaintiff or defendant.

Experts should also thoroughly review relevant medical records as well as current literature to make an informed decision. In some cases, experts may be called to give deposition (sworn out-of-court statements). These sessions can be daunting, but they are a necessary part of preparing for a trial. Your attorney can prepare you for these sessions and make sure that you are treated with respect.