Birth Injury Litigation

Medical negligence during the delivery process and labor can result in serious birth injuries for Vimeo.com infants. These injuries leave a lasting impact on the infant and their family.

A successful lawsuit can help pay for future and ongoing medical costs as well as loss of wages, and other damages. A successful lawsuit can require years to obtain.

Compensation

Despite the incredible medical advances birth is still dangerous procedure. Babies and mothers expect the doctors who attend to behave with professionalism and avoid mistakes which could have long-lasting consequences. If you think the doctor or hospital is liable for your baby's injury and/or death, you should consult a New York birth injuries lawyer to determine the legal options you have.

A successful claim for birth-related injuries can result in financial compensation. This could cover the medical costs of the present and future loss of earnings, emotional distress, and other potential areas of damage. In some instances, juries or judges may also award punitive damages in the event of unacceptable conduct.

Your attorney will collaborate with a group of expert witnesses to discover what happened and define the standard of care that is accepted. They will review your records and evaluate the actions of the medical team who were present during your delivery. This will assist them to build a strong case and maximize your chances of success.

Typically, your lawyer will try to reach a settlement with the malpractice carrier before filing an action. This will involve submitting a demand package, which will include a written statement of your family's losses and the medical evidence to support the claims. The malpractice insurer will respond with an offer. If no settlement is reached, the case will go to trial.

Damages

The damages a plaintiff gets may be either financial (such as medical bills) or non-economic (such as suffering and pain). In a majority of cases, juries give both. The amount of damages the victim is awarded is based on how the accident has affected them as well as their previous and future losses. Certain states also have limits on the amount that a jury can award for non-economic damages.

To be able seek compensation, you must show that the defendant breached their duty to care. This is done by mixing medical evidence, expert testimony and depositions. Medical experts are people who have specialized in a certain area of medical practice. They review all evidence and may appear in court if they are required. In cases of birth injuries, the expert will establish that the defendant's actions are not in the standards of care expected of a medical professional of similar experience and training.

Attorneys can also depose any person who has a story that is relevant, or who has an unique perspective. They are sworn statements that are delivered outside of court that permit attorneys to ask witnesses directly what transpired. Some depositions are conducted over the phone or via video conferences, but the majority are conducted in the courtroom. These depositions can be difficult and stressful however they are crucial in building a strong case and securing the highest possible compensation for clients.

Statute of limitations

In New York, as in most states, medical malpractice claims must be filed within a statute of limitations. Parents have a maximum of two and a quarter years to file a lawsuit within the time frame of a mistake, omission or inaction that they believe caused their child's injuries.

Your attorney may review the medical records of your child to determine which obstetricians nurses, and other hospital staff might have played a role in your son's or daughter's fairport birth injury attorney. He or she may then seek any relevant documents and information that could aid in determining the cause of the injuries to your child.

In order to prove the misconduct, your lawyer needs to establish that the defendant owed your child a duty and breached this duty in failing to comply with the standards of care required in similar circumstances. To demonstrate this, your attorney 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 identify witnesses to testify on your behalf. These professionals can give valuable insights into the decision-making process of the doctor and explain how a particular error or omission contributed to your child's birth injury. This evidence can be used by your lawyer to support your compensation claim. A successful medical malpractice case involves two separate legal claims, one for the child injured and one for their parents.

Expert Witnesses

Families can seek compensation for medical bills, lost wages from working hours therapy and rehabilitation, and long-term care costs with the right support. The key to winning an injury case at birth is having the best experts as your witnesses.

They are able to look over evidence and give their professional opinion on whether a medical professional acted in violation of their duty to care by doing something that could have resulted in injuries to an infant. They can simplify medical terms for a jury or judge to understand.

The role of an expert witness is to give unbiased medical evidence that reflects the current state of knowledge at the time of the incident that is in dispute. This means they shouldn't remove relevant information to give a more favorable view for either the plaintiff or defendant.

Experts must also look over the relevant medical records and contemporaneous research with sufficient detail to enable them to form a sound opinion. In some instances, experts may be called to give a deposition (sworn out-of-court statements). These sessions can be stressful but they are an essential part of preparing an argument. Your attorney can help prepare for these sessions and make sure that you are treated with respect.