Birth Injury Litigation

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

A successful lawsuit can be used to pay for future and current medical costs, lost wages and other damages. A successful lawsuit may require years to obtain.

Compensation

Despite remarkable medical advances birth can be a risky. Mothers and babies alike expect that doctors act with professionalism and avoid blunders that could result in long-lasting harm. If you believe the doctor or hospital is liable for the injury to your baby or harm, you should speak with a New York birth injuries lawyer to determine the legal options you have.

A successful claim for birth injuries results in financial compensation. This can cover future and current medical expenses loss of wages, emotional stress, and other potential areas of damage. In certain cases juries and judges could also award punitive damages in the event of unacceptable behavior.

Your attorney will collaborate closely with a network expert witnesses to determine what took place and the accepted standard of care. They will go through your entire medical record and review what the medical staff did during your delivery. This information can help build solid arguments and increase your chances for success.

Before bringing a lawsuit your lawyer will usually attempt to bargain with the malpractice insurance company. This requires submitting an itemized list of demands that includes a full declaration of the losses suffered by your family and medical evidence to back them. The malpractice insurance company will make an offer. If there is no settlement the case will proceed to trial.

Damages

The damages a plaintiff gets may be either financial (such as medical bills) or non-economic (such as pain and suffering). In many cases the jury awards both. The amount of the damages the victim is awarded will be determined by the extent to which the injury has impacted their life, as well as evidence of their past and future losses. Certain states also have restrictions on the amount an individual jury can award in non-economic damages.

In order to seek compensation the plaintiff must prove that the defendant breached their duty of care. This is done by mixing medical documents, expert testimony, and depositions. Medical experts are individuals who have specialized knowledge in a specific field of medical practice. They review every piece of evidence and be called in to testify in court if required. In cases involving birth injuries, the expert will help establish that the defendant's actions were in a way that is not consistent with the standard of care for an expert in medicine who has the same education and experience under the circumstances of the case.

Attorneys can also question anyone with a relevant story, or who has an unique perspective. These are sworn, out-of-court statements that allow attorneys to question witnesses directly about what transpired. Some depositions are conducted on the phone or via video conference, but the majority are held in a courtroom. These depositions are often challenging and stressful, yet they are essential in establishing a strong argument for clients and obtaining the maximum possible amount of compensation.

Statute of Limitations

In most states, New York requires that medical malpractice claims be filed within the statute of limitations. Parents have two and a half years from the date of an incident or omission that is believed to cause injury to their child to make a claim.

Your attorney will be able to review the medical records of your child to determine whether any nurses or doctors and other hospital personnel, were involved in the birth of your daughter or son. He or she can then seek any relevant documents and information that could aid in determining the cause of your child's injuries.

Your lawyer must prove malpractice by proving that the defendant was bound by a duty to your child and breached it by failing to provide the required care in similar circumstances. To prove this, your attorney will collaborate with medical experts to evaluate the actions of the medical professional to accepted practices and procedures.

A lawyer can help find witnesses who will be able to testify in your case. These experts can provide valuable insights into the decision-making process of the doctor and explain how a particular error or omission contributed to the birth injury to your child. Your lawyer can then utilize this evidence to back up your claim for compensation. A successful medical malpractice case requires two separate legal claims: one for the injured child and one for the parents.

Expert Witnesses

With the right assistance families can receive compensation for medical expenses as well as lost earnings due to time off from work or rehabilitative therapies, as well as the costs of long-term care. The key to winning a birth-injury claim is having the most skilled experts on your side.

They are able to review the evidence and offer a professional opinion on whether a medical professional breached their obligation of care by taking an action that could have caused an infant's injury. They can also explain complex medical terms to make them easier for judges or Birth Injury jury to understand.

The role of an expert witness is to give unbiased medical testimony that reflects the current state of knowledge at the time of the incident in question. This means that they should not omit any relevant information to develop a view that is more favorably disposed to either the plaintiff or defendant.

Experts should also examine the relevant medical records and contemporaneous research with sufficient detail so that they can form an informed opinion. In certain cases experts could be asked to give a sworn statement outside of the courtroom. These meetings can be stressful but they are a necessary part of preparing for a trial. Your lawyer can help you prepare for these sessions and make sure that you are treated fairly.