Birth Injury Litigation

Medical negligence during the delivery process or labor can lead to serious birth injuries for infants. These injuries can have a lasting impact on the child and their family.

A successful lawsuit can pay for future and ongoing medical costs as well as lost wages, and other damages. However, a successful lawsuit can take years to reach.

Compensation

Despite the incredible medical advances birth is still dangerous procedure. Mothers and babies alike expect that doctors will act professionally and avoid mistakes that could have long-lasting consequences. If your baby suffered an injury caused by the carelessness of a doctor or hospital, you may want to consult an New York birth injury lawyer to see what legal recourse you have.

A successful claim for birth injury lawyers injuries will result in financial compensation. This can cover future and current medical expenses, lost wages, emotional stress, and birth injury other areas of damage. In certain instances juries or judge may also award punitive damages in the event of the most egregious of conduct.

Your attorney will collaborate closely with network experts witnesses to determine what transpired and the accepted standard of care. They will review your records and evaluate the actions of the medical personnel that was present during your birth. This will help them make a convincing case and maximize your chances of success.

Before bringing a lawsuit your lawyer will generally try to bargain with the malpractice insurer. This requires submitting a package of demands, which includes a detailed description of your family's losses and medical evidence that supports the claims. The malpractice insurer will then make an offer. If no settlement is reached the case will proceed to trial.

Damages

The damages a plaintiff gets may be economic (such as medical bills) or non-economic (such as suffering and pain). In a majority of cases the jury awards both. The amount of damages a victim receives will be determined by the extent to which the incident has affected their life, as well as evidence of their past and future losses. Some states also set limits on how much the jury can award in non-economic damages.

To pursue compensation the plaintiff must prove that the defendant breached their duty of care. This is accomplished by mixing medical records, expert testimony, and depositions. Medical experts are those who are knowledgeable in a specific field of medical practice. They review all evidence in the case and are able to testify at trial if needed. In cases involving birth injuries, the expert will be able to prove that the defendant's actions are not in the scope of care for an expert in the field with similar experience and training.

Attorneys may also depose any person who has a story that is relevant or who has a unique insight. They are sworn, outside-of-court statements that permit attorneys to question witnesses directly about what happened. Some depositions are conducted via phone or by video conference 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 obtaining the best possible compensation for clients.

Statute of limitations

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

Your attorney may review the medical records of your child to determine whether any obstetricians or nurses and other hospital personnel were involved in the birth of your child or daughter. He or she will ask for any documents and information relevant to the injury of your child.

If you want to prove that there was a negligence, your lawyer must prove that the defendant was owed by your child a obligation and violated that duty by failing to meet the standards of care required in similar circumstances. To prove this, you lawyer will work with medical professionals to analyze the actions of the medical professional to accepted procedures and practices.

A lawyer can help you locate witnesses to testify in your case. These experts can provide an important insight into the process used by doctors to make decisions and how a specific mistake or omission caused the birth injury law firm injury suffered by your child. This information can be used by your lawyer to justify your compensation claim. A successful medical malpractice case requires two separate legal claims one for the child who was injured and another for the parents.

Expert Witnesses

Families can be compensated for medical bills, lost wages from working hours Rehabilitation treatments and therapies, and long-term care costs with the right support. But the most important thing to winning a birth injury lawsuit is having the most experienced experts on your side.

These individuals can review evidence and give their professional opinion on the extent to which a medical professional breached their duty of care doing something that could have caused the injury of an infant. They can explain complicated medical terms to make them easier for judges or jury to understand.

An expert witness's role is to provide objective medical testimony that is based on the current state of knowledge at the time of the incident that is being investigated. This means they must not omit any relevant information to create a view that is more favorably disposed to either the plaintiff or the defendant.

Experts must also look over the relevant medical records as well as contemporaneous publications with enough depth to enable them to form an informed opinion. In certain cases experts may be required to give deposition (sworn out-of-court declaration). These sessions can be a bit intimidating but are an important part of making an argument. Your attorney can prepare you for these sessions and ensure that you are treated with respect.