Birth Injury Litigation

Medical negligence during delivery and labor could result in severe birth injuries for infants. These injuries leave a lasting effect on the child and their family.

A successful lawsuit can pay for current and future medical costs, lost wages and other damages. A successful lawsuit may take years to achieve.

Compensation

Despite incredible medical advances, childbirth can be risky. Parents and their babies expect doctors on hand to behave professionally and avoid making mistakes that could result in permanent consequences. If your baby was injured that was due to the negligence of a hospital or doctor You might want to speak with a New York birth injury lawyer to determine the legal recourses you have.

A successful claim for birth injuries can result in financial compensation. This could cover the current and future medical expenses, lost wages, emotional distress and other areas that could cause damage. In certain cases juries or judges could also award punitive damages in the event of unjust conduct.

Your attorney will work with a group of expert witnesses to discover what happened and establish the accepted standard of care. They will review your medical records and evaluate the actions of the medical staff who were present during your delivery. This information will help build an argument that is strong and increase your chances for success.

Typically, your lawyer will try to negotiate a settlement with the malpractice insurer prior to filing an action. This will mean submitting an array of demands that includes a comprehensive account of the losses your family has suffered and the medical evidence to back the claims. The malpractice insurer will then make an offer. If there is no settlement, the case will go to trial.

Damages

The amount of damages a plaintiff is awarded could be monetary (such as medical bills) or non-economic (such as suffering and pain). In a majority of cases, juries decide to award both. The amount of money the victim will receive is based on how the accident has affected them, as well as their past and future losses. Certain states also have limits on the amount that a jury can award in non-economic damages.

In order to be eligible for compensation, you must show that the defendant has violated their duty to care. This is done through a combination of medical documents, expert witness testimony, and depositions. Medical experts are people who are knowledgeable in a specific area of medical practice. They examine every piece of evidence and appear in court if they are required. In cases of birth injuries, the expert will establish that the defendant's actions were outside the scope of care for an expert in the field with similar experience and training.

In addition to medical experts, attorneys also conduct depositions of any person who may have an interesting story or insight. These are sworn statements made outside of court that permit attorneys to ask witnesses directly what happened. Some depositions are conducted over the phone or via video conference, however most are held in a courtroom. These meetings are often stressful and stressful, yet they are essential in establishing a strong argument for clients and obtaining the maximum possible compensation.

Statute of Limitations

In most states, New York requires that medical malpractice claims be filed within the prescribed time of limitations. Parents have a maximum of two and a half years to file a lawsuit after the date of a wrongful act, omission, or omission they believe caused the injuries of their child.

Your attorney may review the medical records of your child to determine if any obstetricians or nurses and other hospital personnel, were involved in the birth injury attorney of your son or daughter. He or she will then ask for any documents and information that pertains to the injuries of your child.

Your lawyer must prove that there was a breach of contract by establishing that the defendant was bound by a duty to your child and failed to provide the required care under similar circumstances. To establish this, your lawyer will work with medical experts in comparing the actions of a medical professional with accepted practices and procedures.

A lawyer can also assist you to identify and locate witnesses to testify about your case. They can provide valuable information about the process used by doctors to make decisions and what caused the birth injury law firms injury of your child. This evidence can be utilized by your lawyer to prove your claim for compensation. A successful medical malpractice case involves two separate legal claims, one for the child who was injured and another for their parents.

Expert Witnesses

Families can receive compensation for medical bills, lost wages from absences from work, rehabilitation treatments and therapies, and long-term care costs with the right help. The key to winning a birth injury case is having the most experienced expert witnesses on your side.

They will review the evidence and offer a professional opinion about whether a medical professional has violated their duty of care when they performed an action which could have resulted in an infant's injuries. They can simplify medical terms for juries or judge to comprehend.

The expert witness's role is to provide an objective medical opinion that is reflective of the current knowledge as of the date of the event. This means they must not exclude any relevant information in order to form a view that is more favorably disposed to either the plaintiff or the defendant.

Experts should also study relevant medical records as well as current literature to make an informed decision. In some instances experts may be asked to give an oath outside of the courtroom. These sessions can be intimidating however they are an essential aspect of the preparation of a case. Your attorney can prepare you for these sessions and ensure that you are treated with respect.