Birth Injury Litigation

Medical negligence during labor and delivery can cause serious birth injuries for infants. These injuries can have a long-lasting impact on the child as well as their family.

A successful lawsuit can pay for future and present medical costs, lost wages, and other damages. A successful lawsuit could require years to obtain.

Compensation

Despite the amazing medical advancements birth is still an unwise procedure. Parents and their babies expect the doctors who attend to be professional and avoid errors which could have long-lasting consequences. If your baby was injured due to negligent actions of a doctor or hospital you might want to speak with an New York birth injury lawsuit injury lawyer to see what legal recourse you have.

A successful claim for birth injuries can result in financial compensation. This can cover the current and future medical expenses and lost earnings, emotional distress, and other potential areas of damage. In some cases juries and judges could also award punitive damage for the most egregious of conduct.

Your attorney will collaborate closely with a network of expert witnesses to determine what happened and the standard of care you should expect. They will look over your medical records and evaluate the actions of the medical staff present during your delivery. This will help to build a strong argument and maximize your chances of success.

Before bringing a suit, your lawyer will typically try to bargain with the malpractice insurance company. This is done by making a demand birth injury lawsuit package which includes a detailed account of your family's losses, as well as medical evidence that supports the claim. The malpractice insurance company will respond with an offer. If there is no settlement the case will go to trial.

Damages

The damages a plaintiff receives can be either economic (such as medical bills) or non-economic (such as suffering and pain). In many cases, juries award both. The amount of damages the victim is awarded will be determined by the extent to which the incident has affected their life, and also the evidence of their past and future losses. Some states also set limitations on the amount a jury can award for non-economic damages.

To be able seek compensation, you must show that the defendant did not fulfill their duty of care. This is done through the use of medical records, expert witness testimony, and depositions. Medical experts are people who are experts in a specific area of medical practice. They evaluate all evidence in the case, and testify at trial if necessary. In birth injury law firm injury cases, the expert will establish that the defendant's actions are not in the standards of care expected of a medical professional of similar experience and training.

In addition to medical experts, attorneys can also conduct depositions of any person who may have a relevant story or insight. They are sworn, outside-of-court statements that permit attorneys to directly question witnesses about what transpired. Depositions can be conducted via telephone or via videoconference, but the majority are held in the courtroom. These meetings are often stressful and stressful, but are essential to constructing a convincing case for clients and to securing the highest possible amount of compensation.

Statute of Limitations

In most states, New York requires that medical malpractice claims be filed within a specified time of limitations. Parents have two and one-half years from date of an incident or omission believed to have led to the injury of their child to file a lawsuit.

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

When proving malpractice, your lawyer has to prove that the defendant was responsible for your child's duty and breached this duty by failing to adhere to the standards of care required in similar circumstances. To prove this, you attorney will collaborate with medical professionals in comparing the actions of the medical professional with accepted practices and procedures.

A lawyer can also help you find witnesses who can testify about your case. These experts can provide valuable insight into the decision-making process of a doctor and what caused your child's birth injuries. This evidence can be utilized by your lawyer to justify your claim for compensation. A successful medical malpractice lawsuit involves two separate legal claims: one for the child who has been injured and one for the parents.

Expert Witnesses

Families can receive compensation for medical expenses, lost wages resulting from working hours, rehabilitation treatments and therapies as well as costs for long-term health care with the right assistance. But the key to successfully winning a birth injury lawsuit is having the top experts to be on your side.

These individuals can review the evidence and provide a professional opinions on whether a medical professional has violated their duty of care when they performed an action that could have led to an infant's injuries. They can explain complicated medical terms to make them easier for a judge or jury to comprehend.

The job of an expert witness is to give unbiased medical evidence that reflects the current state of knowledge at the time of the incident that is in dispute. This means they must not omit any relevant information in order to form a view that is more favorably disposed to either the plaintiff or the defendant.

Experts must also read relevant medical records as well as current research in making an informed judgement. In some instances, experts may be called to give deposition (sworn out-of-court statement). These sessions can be intimidating however they are an essential aspect of making the case. Your attorney can help prepare for these sessions and ensure that you are treated fairly.