birth injury lawsuit Injury Litigation

Medical negligence during labor and delivery can result in severe birth injuries to infants. These injuries can have a lasting impact on the infant as well as their family.

A successful lawsuit could help pay for medical costs now and in the future in the future, lost wages, and other damages. A successful lawsuit can take years to reach.

Compensation

Despite amazing medical advances birth can be a risky. Babies and mothers alike hope that doctors behave professionally and avoid making mistakes that could result in long-lasting harm. If your baby was injured caused by the negligent actions of a hospital or doctor, you may want to contact a New York birth injury lawyer to find out what legal options you have.

A successful claim for birth-related injuries can result in financial compensation. This could include future and present medical expenses loss of wages, emotional stress and a variety of other damages. In some instances, juries or judges may also award punitive damages in the event of egregious conduct.

Your attorney will work with a network of expert witnesses to understand what happened and establish the accepted standard of care. They will go through all of your records and examine what the medical staff did during your delivery. This will help to build strong arguments and increase your chances of success.

Before bringing a suit, your lawyer will usually attempt to bargain with the malpractice insurance company. This requires submitting a package of demands, birth injury that includes a comprehensive statement outlining your family's losses and medical evidence that supports them. The malpractice insurer will then make an offer. If a settlement isn't reached, the case will proceed to trial.

Damages

The damages that plaintiffs can be awarded are either economic (such a medical bills) or non-economic (such pain and suffering). In a majority of cases, juries give both. The amount of damages a victim receives will be based on the extent to which the injury has affected their lives as well as evidence of the past and future losses. Certain states also have limits on how much a jury can award in non-economic damages.

To be able to seek compensation, it must be proven that the defendant breached their duty of care. This is done through the use of medical records and expert witness testimony and depositions. Medical experts are individuals who are experts in a particular field of medicine. They review every piece of evidence and be called in to testify in court if required. In birth injury cases, the expert will prove that the defendant's actions are in a way that is not consistent with the standard of care expected from medical professionals with the same experience and training in the case's circumstances.

Attorneys can also question anyone with a relevant story, or who has an exclusive perspective. These are sworn declarations which are not in court and permit attorneys to inquire about witnesses directly what happened. Some depositions are conducted on the phone or through a video conference, but most are held in a courtroom. These meetings can be challenging and stressful, but they are important in building a strong case and obtaining the best compensation for clients.

Statute of limitations

In most states, New York requires that medical malpractice claims be filed within the timeframe of limitations. Parents have up to two and a quarter years to file a suit after the date of the mistake, omission or failure that they believe caused their child's injuries.

Your attorney will be able to review the medical records of your child to determine whether any obstetricians or nurses along with other hospital personnel, were involved in the birth of your child or daughter. He or she can then seek any relevant documents and information that may help determine the reason for your child's injuries.

Your lawyer has to prove the case of malpractice by establishing that the defendant owed obligations to your child and failed to provide the required care in similar circumstances. To establish this, your lawyer will work with medical experts in comparing the actions of the medical professional to accepted practices and procedures.

A lawyer can also assist you to find witnesses to testify on your behalf. These experts can provide valuable insight into the process used by doctors to make decisions and what caused the birth injury of your child. Your lawyer can then utilize this evidence to support your claim for compensation. A successful medical malpractice claim involves two separate legal claims one for the child that was injured and the other for their parents.

Expert Witnesses

Families can receive compensation for medical bills, lost wages from working hours, rehabilitation treatments and therapies, and long-term care costs with the right support. The key to winning a birth injury case is having the most experienced experts to be on your side.

These individuals are able to review evidence and give their professional opinion on whether a medical professional acted in violation of their duty to care by performing an act that could have resulted in the injury of an infant. They can also explain complex medical terms to make them easier for a judge or jury to understand.

The objective of an expert witness is to offer an objective medical opinion that reflects the current state of the art at the time of the incident. This means that they cannot remove relevant information to provide a more favorable impression for either the plaintiff or the defendant.

Experts must also read relevant medical records and current literature to enable them be able to make an informed judgment. In some cases experts may be required to make deposition (sworn out-of-court statements). These meetings can be stressful but they are an essential element of preparing for a case. Your attorney can help prepare for these sessions and make sure that you are treated with respect.