Birth Injury Litigation

Medical negligence during the delivery process and labor can result in serious birth injuries to infants. These injuries have a lasting effect on the child and their family.

A successful lawsuit could help pay for medical costs now and in the future, lost wages, and other damages. However the process of obtaining a lawsuit that is successful can take years to complete.

Compensation

Despite the incredible medical advances birth is still dangerous procedure. Baby and mother expect doctors on hand to be professional and avoid making mistakes that could result in permanent consequences. If you suspect that an institution or doctor is liable for the injury of your baby or harm, you should speak with a New York birth injuries lawyer to determine what legal options you have.

A successful claim for birth injuries will result in financial compensation. This could include current and future medical expenses and lost wages, emotional stress and other damages that could be awarded. In certain instances juries or judges could also award punitive damages for unjust conduct.

Your attorney will work closely with a network of expert witnesses to determine what happened and the accepted standard of treatment. They will review your entire medical record and evaluate the actions of your medical team during your delivery. This will help to build a strong argument and maximize your chances for success.

Before bringing a suit, your lawyer will generally attempt to bargain with the malpractice insurance company. This will involve the submission of a demand document, that includes a report detailing your family's losses, as well as medical evidence to support the claims. The malpractice company will respond with 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 a majority of cases, juries award both. The amount of the damages that a victim is awarded will be determined by the extent to which the injury has affected their lives, and also the evidence of their past and future losses. Certain states restrict the amount of non-economic damages that juries can award.

In order to be eligible for compensation, you must prove that the defendant has violated their duty of caring. This is done through the use of medical records as well as expert witness testimony and depositions. Medical experts are those who have been trained in a particular field of medicine. They examine every piece of evidence and be able to testify in court, if needed. In cases involving birth injuries experts will be able to prove that the defendant's actions fall outside of the standard of care expected from medical professionals with the same training and experience under the circumstances of the case.

In addition to medical experts, attorneys also conduct depositions of any person who may have a relevant story or insight. These are sworn declarations made outside of court that permit lawyers to inquire of witnesses directly what transpired. Some depositions are conducted on the phone or via video conference, however most are held in the courtroom. These discussions can be stressful and stressful but they are essential to build a strong case and securing the highest possible compensation for clients.

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 to cause injury to their child to bring a lawsuit.

Your attorney may review the medical records of your child to determine if any obstetricians or nurses and other hospital staff were involved in the birth of your daughter or son. They can request any relevant documents and information that may help determine the cause of your child's injuries.

Your lawyer must establish the malpractice by establishing that the defendant was bound by a duty to your child and failed to provide the appropriate care under similar circumstances. To establish this, your lawyer will collaborate with medical experts to analyze the actions of the medical professional to accepted practices and procedures.

A lawyer can help locate witnesses to provide testimony in your case. They can provide valuable insights into the doctor's decision-making process and explain how a particular error or omission led to your child's birth injury. Your lawyer can then utilize the evidence to support your claim for compensation. A successful medical malpractice lawsuit involves two separate legal claims: one for the injured child and one for lawyers the parents.

Expert Witnesses

With the right assistance families can get compensation for medical expenses and lost income due to absence from work, rehabilitative treatments and therapies in addition to the cost of long-term medical care. But the key to successfully winning a birth injury lawsuit is having the best experts for your case.

They can also review evidence and give their professional opinion on whether a medical professional has violated their duty of caring by performing an act that could have resulted in the injury of an infant. They can explain difficult medical terms to make them easier for judges or jury to comprehend.

The objective of an expert witness is to provide an objective medical opinion that reflects the current state of the art as of the date of the incident. This means that they cannot eliminate relevant information to provide a more favorable opinion for the plaintiff or the defendant.

Experts should also thoroughly review relevant medical records and recent literature to in making an informed judgement. In certain instances experts may be required to make an oath outside of the courtroom. These sessions can be intimidating however they are an essential element of preparing for a trial. Your attorney can prepare you for these sessions and ensure that you are treated fairly.