Birth Injury Litigation

Medical inattention during labor and delivery can result in serious birth injuries for infants. These injuries have a lasting impact on the infant and their family.

A successful lawsuit can be used to pay for current and future medical expenses, loss of wages, and other damages. However it can take years to complete.

Compensation

Despite amazing medical advances, childbirth can be risky. Both mothers and babies expect that doctors behave professionally and avoid making mistakes that could result in long-lasting harm. If your baby suffered an injury that was caused by negligence of a doctor or hospital you might want to speak with a New York birth injury lawyer to determine what legal recourses you have.

A successful claim for birth-related injuries can result in financial compensation. This could cover future and current medical expenses and lost wages, emotional distress and other areas of potential damage. In certain instances juries or judges can also award punitive damages for unacceptable conduct.

Your attorney will work with a team of experts witnesses to analyze what happened and establish the standard of care that is accepted. They will go through all of your medical records and evaluate what the medical staff did during your birth. This will help them build a strong case to increase your chances of success.

Typically your lawyer will attempt to reach a settlement agreement with the malpractice company prior to filing a lawsuit. This will require you to submit an array of demands that includes a full statement outlining your family's losses and medical evidence to back them. The malpractice insurer will then make an offer. If no settlement is reached the case will go to trial.

Damages

The damages that plaintiffs can be awarded can be either financial (such medical bills) or not-economic (such as pain and suffering). In many cases, juries give both. The amount of the damages a victim receives will be based on the degree to which the accident has affected their life, and also the evidence of the past and birth Injury Attorney future losses. Certain states restrict the amount of non-economic damages juries can decide to award.

To be able to seek compensation, you must prove that the defendant breached their duty of caring. This is done through the use of medical records and expert witness testimony and depositions. Medical experts are individuals who specialize in a particular area of medicine. They review all evidence in the case and testify at trial, if needed. In birth injury cases, the expert will help establish that the defendant's actions were outside of the standard of care for a medical professional who has the same education and experience in the particular case.

In addition to medical experts, attorneys will interview anyone who may have a relevant story or insight. These are legally sworn statements delivered outside of court that permit attorneys to inquire about witnesses directly what transpired. Some depositions are conducted via phone or via video conference, but the majority are conducted in the courtroom. These discussions can be difficult and stressful, but are essential to establishing a strong case for clients and obtaining the highest possible compensation.

Statute of limitations

In New York, as in many states, medical negligence claims must be filed within a statute of limitations window. Parents have a maximum of two and a half years to file a lawsuit after the date of a negligent act, omission or omission they believe caused their child's injuries.

Your attorney may review the medical records of your child to determine if any obstetricians or nurses and other hospital personnel were involved in the birth injury attorney, Full Piece of writing, of your child or daughter. The attorney can seek any relevant documents and information that may help identify the cause of the injuries to your child.

Your lawyer must prove that there was a breach of contract by establishing that the defendant was bound by obligations to your child and violated it by failing to provide the required care under similar circumstances. To prove this, your lawyer will collaborate with medical experts to compare the actions of the medical professional to accepted practices and procedures.

A lawyer can also assist you to identify and locate witnesses to testify on your behalf. These experts can provide an insight into the process used by doctors to make decisions and how a specific error or omission caused the birth injury to your child. Your lawyer could then use this evidence to prove your claim for compensation. A successful medical malpractice claim involves two separate legal claims one for the child who was injured as well as one for the parents of the child.

Expert Witnesses

Families can get compensation for medical expenses, lost wages resulting from working hours therapy and rehabilitation as well as long-term care expenses with the right help. But the key to successfully winning a birth injury case is having the top expert witnesses to be on your side.

They can also review evidence and provide a professional opinion on the extent to which a medical professional breached their duty of care by performing an act that could have caused an infant's injury. They can also explain complex medical terms to make them easier for judges or jury to understand.

The role of an expert witness is to provide an unbiased medical opinion that reflects the current state of the art at the time of the event. This means they must not exclude any relevant information to develop a view that is more favorably disposed to either the plaintiff or defendant.

Experts should also carefully review relevant medical records as well as current literature to enable them in making an informed judgement. In some cases experts could be asked to appear in deposition (sworn out-of-court declaration). These meetings can be stressful but they are a crucial part of preparing for a trial. Your lawyer can help you prepare for these sessions and make sure that you are treated with respect.