birth injury law firms Injury Litigation

Medical negligence during the delivery process or labor can lead to severe birth injuries to infants. These injuries can have a long-lasting impact on the child and their family.

A successful lawsuit can pay for future and present medical expenses as well as lost wages, and other damages. However it could take years to obtain.

Compensation

Despite amazing medical advances, childbirth can be risky. Mothers and babies expect doctors to behave professionally and avoid errors that could have lifelong consequences. If your baby suffered an injury that was caused by negligent actions of a medical professional or hospital You may wish to consult a New York birth injury lawyer to determine the legal recourse you have.

A successful claim for birth-related injuries can result in financial compensation. This could cover future and current medical expenses loss of wages, emotional distress and other potential areas of damage. In certain cases, juries and judges may also award punitive damages for the most egregious of conduct.

Your attorney will work closely with network experts witnesses to determine what happened and the accepted standard of care. They will review your entire medical record and examine what the medical professionals did during your delivery. This will assist them to create a strong case and increase your chances of success.

Typically your lawyer will attempt to reach a settlement agreement with the malpractice carrier before filing an action. This will require you to submit an itemized list of demands that includes a full description of your family's losses and medical evidence to justify them. The malpractice carrier will then respond with an offer. If a settlement is not reached, the case will proceed to trial.

Damages

The damages a plaintiff receives could be monetary (such as medical bills) or non-economic (such as suffering and pain). In a lot of cases, juries will award both. The amount of damages the victim is awarded is based on how the accident has affected them, in addition to their past and future losses. Some states restrict the amount of non-economic damages juries can award.

In order to seek compensation the case must prove that the defendant violated their duty of care. This is accomplished by the use of medical evidence, expert testimony and depositions. Medical experts are people who have specialized knowledge in a particular area of medicine. They scrutinize all evidence in the case and can testify in court if required. In birth injury cases, an expert can help prove that the defendant's actions were beyond the standards of care expected from medical professionals with the same experience and training in the specific circumstances of the case.

In addition to medical experts, attorneys also conduct depositions of any person who may have an important story or insight. They are sworn statements that are made outside of court that permit attorneys to ask witnesses directly what transpired. Depositions can be conducted over the phone or via video conference, but the majority are held in the courtroom. These conversations are often difficult and stressful, but they are essential to constructing a convincing case for clients and obtaining the highest possible compensation.

Statute of Limitations

In New York, as in many states, medical negligence claims must be filed within the time frame of a statute of limitations. Parents have two and a quarter years to file a lawsuit following the date of a negligent act, omission or omission that they believe caused the injuries of their child.

Your attorney can look over the medical records of your child to determine if any obstetricians or nurses, as well as other hospital staff were involved in the birth of your son or daughter. They can request any relevant documents and information that could help determine the cause of the injuries to your child.

Your lawyer must prove malpractice by proving that the defendant owed an obligation to your child and breached it by failing to provide the standard of care under similar circumstances. To demonstrate this, your attorney will work with medical experts to analyze the actions of the medical professional to accepted practices and procedures.

A lawyer can also help you identify and locate witnesses to testify in your case. These professionals can give valuable insights into the process used by doctors to make decisions and how a specific mistake or omission led to your child's birth injury. The evidence could be utilized by your lawyer in support of your compensation claim. A successful medical malpractice case involves two separate legal claims one for the child that was injured and the other for their parents.

Expert Witnesses

With the right support families can secure compensation that covers medical bills and lost income due to time away from work rehabilitation and therapy, as well as the costs of long-term care. The key to winning a birth injury lawsuit is having the best expert witnesses possible for your case.

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

An expert witness's job is to provide objective medical testimony that is based on the current state of knowledge at the time of the incident that is in dispute. This means they should not eliminate relevant information to create a more favorable view for either the plaintiff or defendant.

Experts should also thoroughly review relevant medical records and recent literature to enable them in making an informed judgement. In some instances experts may be required to provide a sworn statement outside of the courtroom. These meetings can be stressful, but they are a necessary part of preparing for a trial. Your attorney can assist you prepare for these sessions and ensure that you are treated fairly.