Birth Injury Litigation

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

A successful lawsuit can be used to pay for future and current medical expenses, lost wages and other damages. A successful lawsuit may take a long time to complete.

Compensation

Despite the amazing medical advancements birth is still a risky procedure. Babies and mothers alike hope that doctors behave professionally and avoid blunders that could cause long-lasting damage. If your baby suffered an injury caused by the carelessness of a doctor or hospital, you may want to contact an New York birth injury lawyer to determine what legal options you have.

If you are successful in your claim, you will receive financial compensation. This could cover the current and future medical expenses, lost wages, emotional distress, and other potential areas of damage. In certain instances juries or judges could also award punitive damages for unjust conduct.

Your attorney will work with a team of experts witnesses to understand what happened and define the standard of care that is accepted. They will go through your records and analyze the actions of the medical personnel that was present during your birth. This information will help build a strong argument and maximize your chances for success.

Typically your lawyer will attempt to reach a settlement agreement with the malpractice insurer prior to filing an action. This involves making a demand package which will include a written statement of your family's losses as well as the medical evidence that supports the claims. The malpractice insurance company will respond with an offer. If there is no settlement the case will proceed to trial.

Damages

The damages a plaintiff receives may be either financial (such as medical bills) or non-economic (such as pain and suffering). In a lot of cases, juries decide to award both. The amount of damages that the victim will receive is based on how their accident has affected them, as well as their previous and future losses. Some states limit the amount of non-economic damages juries may determine.

In order to seek compensation the case must prove that the defendant violated their duty of care. This is accomplished by a combination of medical documents and expert witness testimony and depositions. Medical experts are those with specialized knowledge in a specific field of medical practice. They evaluate all evidence in the case and testify in court if required. In cases of birth injuries, experts will be able to prove that the defendant's actions are in a way that is not consistent with the standard of care expected from an expert in medicine with similar training and experience under the circumstances of the case.

In addition to medical experts, attorneys can also be able to depose anyone who may have relevant information or a story to share. These are sworn statements delivered outside of court that allow attorneys to ask witnesses directly what transpired. Some depositions are conducted over the phone or by video conference but the majority are held in the courtroom. These meetings can be challenging and stressful however they are crucial in building a strong case and securing the highest possible compensation for clients.

Statute of limitations

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

Your attorney can review the medical records of your child to determine which doctors, nurses and other hospital personnel could have been involved in your son or daughter's birth injury law firm. The attorney will request any documents and information related to the injury of your child.

In order to prove misconduct, your lawyer needs to establish that the defendant was owed by your child a obligation, and then breached it by failing to meet the standards of care in similar circumstances. To prove this, your attorney will collaborate with medical experts in comparing the medical professional's actions with accepted practices and procedures.

An attorney can help you locate witnesses to be able to testify in your case. These experts can provide valuable insights into the process used by doctors to make decisions and explain how a particular error or omission contributed to the birth injury suffered by your child. Your lawyer can then utilize this evidence to prove your claim for compensation. A successful medical malpractice case requires two separate legal claims: one for birth injury the child injured and one for parents.

Expert Witnesses

Families can seek compensation for birth injury medical bills, lost wages from time off work, rehabilitation treatments and therapies as well as costs for long-term health care with the right help. The most important factor to win an injury case at birth is having the most qualified experts on your side.

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

An expert witness's role is to give unbiased medical testimony that reflects the current state of knowledge at the time of the incident that is in dispute. This means that they should not exclude any relevant information in order to form an opinion that is more favorable to either the plaintiff or defendant.

Experts should also carefully review relevant medical records and current literature to enable them make an informed decision. In some instances experts may be required to give an oath outside of court. These sessions can be intimidating but are an important part of making an argument. Your attorney can help prepare for these sessions and make sure that you are treated fairly.