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 families.

A successful lawsuit can help pay for future and present medical expenses as well as lost wages and other damages. However it can take years to obtain.

Compensation

Despite the incredible medical advances yet, childbirth is an extremely risky process. Baby and mother expect doctors on hand to be professional and avoid mistakes that could result in permanent consequences. If you think the hospital or doctor has been negligent in causing the injury of your baby and/or death, you should consult a New York birth injuries (More Support) lawyer to determine what legal options you have.

If you are successful in your claim, you will be awarded financial compensation. This can include future and ongoing medical costs loss of earnings, emotional stress and a variety of other damages. In certain cases, juries or judges may also award punitive damages for unacceptable conduct.

Your attorney will work in conjunction with a network of experts witnesses to analyze what happened and establish the standard of care that is accepted. They will go through all of your records and review the actions of your medical team during your birth. This information will help them make a convincing case and increase your chances of success.

Before bringing a lawsuit, your lawyer is likely to attempt to negotiate with the malpractice insurer. This will require submitting an agenda of demands that includes a comprehensive description of your family's losses and the medical evidence to justify the claims. The malpractice insurer will then make an offer. If a settlement is not reached, the case will go to trial.

Damages

The damages that a plaintiff can receive can be monetary (such a medical bills) or not-economic (such the suffering and pain). In a majority of cases, juries award both. The amount of damages the victim is awarded is based on how their injury has affected them as well as their previous and future losses. Certain states also have limits on the amount that a jury can award in non-economic damages.

In order to be eligible for compensation, you must show that the defendant did not fulfill their duty of care. This is accomplished by mixing medical documents, expert testimony, and depositions. Medical experts are people who have specialized knowledge in a specific area of medicine. They examine all evidence in the case and can testify at trial if needed. In cases involving birth injury attorneys injuries the expert will prove that the defendant's actions fall beyond the standards of care for medical professionals with similar training and experience in the particular case.

Attorneys can also question anyone with a pertinent story, or who has an unusual perspective. These are sworn declarations delivered outside of court that permit lawyers to inquire of witnesses directly what happened. Some depositions are conducted via phone or by video conference, but the majority are conducted in court. These discussions can be stressful and stressful but they are vital in establishing a strong argument and securing the most favorable compensation for clients.

Statute of limitations

In New York, as in most states, medical malpractice claims must be filed within a statute of limitations window. Parents have two and two and a half years from date of an act, omission or failure believed to have caused their child's injury to bring a lawsuit.

Your attorney can look over the medical records of your child to determine whether any nurses or obstetricians as well as other hospital staff were involved in the birth of your daughter or son. They can request any relevant documents and data that can help determine the cause of your child's injuries.

If you want to prove that there was a malpractice, your lawyer must prove that the defendant owed 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 professionals to analyze the actions of the medical professional to accepted practices and birth injuries procedures.

A lawyer can help you locate witnesses to testify in your case. These professionals can give valuable insight into the decision-making process of the doctor and how a particular mistake or omission caused the birth injury of your child. Your lawyer will then be able to use the evidence to support your claim for compensation. A successful medical malpractice claim involves two separate legal claims one for the child who was injured and the other for their parents.

Expert Witnesses

Families can be compensated for birth injuries medical bills, lost wages from absences from work as well as rehabilitation therapies and treatments and costs for long-term care with the right help. However, the key to winning a birth injury case is having the top experts available on your side.

These individuals can 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 injuries to an infant. They can simplify medical terms for juries or judge to understand.

The role of an expert witness is to give an impartial medical opinion that is reflective of the current knowledge at the time of the event. This means they shouldn't remove relevant information to provide a more favorable view for either the plaintiff or the defendant.

Experts should also thoroughly review relevant medical records and current research in making an informed judgement. In some cases experts could be asked to provide a deposition (sworn out-of-court declaration). These sessions can be daunting but they are a necessary part of preparing for a case. Your attorney can help you prepare for these sessions and ensure that you are treated with respect.