Birth Injury Litigation

Medical mistakes during labor and delivery can result in serious birth injury attorney injuries to infants. These injuries have a lasting impact on the child and their family.

A successful lawsuit could help pay for medical costs now and in the future as well as lost wages and other damages. A successful lawsuit may require years to obtain.

Compensation

Despite the incredible medical advances birth is still an extremely risky process. Both babies and mothers expect that doctors will act professionally and avoid mistakes which could have lasting consequences. If your baby was injured caused by the negligent actions of a doctor or birth injury lawyer hospital You might want to contact an New York birth injury lawyer to determine the legal recourse you have.

If you win your claim, you'll receive financial compensation. This can cover future and current medical expenses and lost wages, emotional stress, and other areas of potential damage. In some instances juries and judges could also award punitive damage for an act of adversity.

Your attorney will work with a network of expert witnesses to analyze what happened and define the accepted standard of care. They will review your entire medical record and evaluate what the medical staff did during your birth. This information will help them build a strong case to maximize your chances of success.

Typically, your lawyer will try to reach a settlement agreement with the malpractice company prior to filing an action. This will mean submitting an array of demands that includes a full statement outlining your family's losses and medical evidence to support them. The malpractice carrier will then respond with an offer. If no settlement is reached, the lawsuit will go to trial.

Damages

The damages a plaintiff receives can be either economic (such as medical bills) or non-economic (such as pain and suffering). In a lot of cases, juries award both. The amount of compensation the victim is awarded is based on how the injury has affected them, as well as their previous and future losses. Certain states restrict the amount of non-economic damages juries can award.

To be able seek compensation, you must prove that the defendant breached their duty to care. This is accomplished by mixing medical documents, birth injury lawyer expert testimony, and depositions. Medical experts are those who have specialized knowledge in a specific field of medicine. They review every piece of evidence and testify in court if needed. In cases of birth injuries, experts will be able to prove that the defendant's actions were outside of the standard of care expected from medical professionals with the same experience and training under the circumstances of the case.

Attorneys can also question anyone with a relevant story or with an exclusive perspective. They are sworn, outside-of-court statements that permit attorneys to directly question witnesses about what happened. Some depositions can be conducted over the phone or by video conference, but the majority are conducted in the courtroom. These meetings can be challenging and stressful however they are crucial in establishing a strong argument and securing the most favorable 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 to file a lawsuit after the date of a wrongful act, omission, or omission they believe caused their child's injuries.

Your attorney may review your child's medical records to determine which obstetricians nurses, and other hospital staff may have been involved in your daughter or son's birth. The attorney can request any relevant documents and other information that could aid in determining the cause of your child's injuries.

Your lawyer must prove that there was a breach of contract by proving that the defendant owed an obligation to your child and failed to provide the required care under similar circumstances. To prove this, your lawyer will work with medical professionals in comparing the actions of the medical professional with accepted practices and procedures.

A lawyer can assist you find witnesses who will testify in your case. These professionals can give 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 could then use this evidence to support your claim for compensation. A successful medical malpractice case involves two separate legal claims one for the child injured and the other for their parents.

Expert Witnesses

With the right support families can receive compensation to cover medical expenses and lost income due to time away from work as well as rehabilitative therapies and treatments, as well as the cost of long-term medical care. The most important factor to win a birth-injury case is having the best experts on your side.

These individuals can review the evidence and provide their professional opinions on whether a medical professional has violated their duty of care in carrying out an action which could have resulted in an infant's injury. They can also explain complicated medical terms to make them easier for judges or jury to understand.

The role of an expert witness is to provide objective medical testimony that is based on the state of knowledge at the time of the event in question. This means they should not remove relevant information to provide a more favorable view for either the plaintiff or defendant.

Experts should also study the relevant medical records as well as contemporaneous literature with sufficient thoroughness to enable them to form an informed opinion. In some cases experts could be asked to make a deposition (sworn out-of-court statement). These sessions are intimidating, but they are an essential element of preparing for a trial. Your attorney can help you prepare for these sessions and ensure that you are treated with respect.