Birth Injury Litigation

Medical negligence during the delivery process or labor can lead to serious birth injuries to infants. These injuries can have a lasting impact on the child as well as their family.

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

Compensation

Despite the amazing advances in medical technology yet, childbirth is dangerous procedure. Babies and mothers expect doctors in attendance to be professional and avoid mistakes that could result in permanent consequences. If your baby was injured due to carelessness of a hospital or doctor You may wish to speak with an New York birth injury attorneys injury lawyer to find out what legal recourse you have.

A successful claim for birth injuries will result in financial compensation. This could include current and future medical costs, lost wages, emotional stress and other potential damages. In some instances juries or judge may also award punitive damages for unacceptable conduct.

Your attorney will collaborate closely with network experts witnesses to determine what took place and the accepted standard of treatment. They will review your medical records and review the actions of the medical professionals that were present during your delivery. This will assist them to build a strong case to maximize your chances of success.

Typically your lawyer will attempt to negotiate a settlement with the malpractice insurance company prior to filing a lawsuit. This is done by sending a demand packet, which includes a statement detailing your family's losses as well as the medical evidence to support them. The malpractice insurer will respond with an offer. If no settlement is reached the case will proceed to trial.

Damages

The damages that plaintiffs can be awarded can be monetary (such a medical bill) or not-economic (such the pain and suffering). In a majority of cases the jury awards both. The amount of damages a victim receives will be determined by the extent to which the incident has affected their lives, and also the evidence of their past and future losses. Certain states restrict the amount of non-economic damages juries may determine.

In order to seek compensation to recover compensation, it must be proved that the defendant violated their duty of care. This is done by using medical documents, expert testimony, and depositions. Medical experts are individuals who are experts in a particular field of medical practice. They scrutinize every piece of evidence and be able to testify in court, if needed. In cases of birth injuries, the expert will help establish that the defendant's actions fall beyond the standards of care expected from medical professionals with similar training and experience in the particular case.

Attorneys can also question anyone with a pertinent story or has an unusual perspective. They are sworn, outside-of-court statements that permit attorneys to ask witnesses directly about what happened. Depositions can be conducted over the phone or through a video conference, but the majority are held 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 time frame of a statute of limitations. Parents have two and two and a half years from date of the act or omission to have caused their child's injury to pursue a lawsuit.

Attorneys can look through your child's medical records to determine which obstetricians, nurses and other hospital staff might have played a role in your son or daughter's birth. They can request any relevant documents and other information that could help determine the cause of your child's injuries.

In order to prove the negligence, your lawyer must establish that the defendant was responsible for your child's obligation and violated that duty in failing to comply with the standard of care in similar circumstances. To prove this, you lawyer will work with medical professionals in comparing the actions of the medical professional with accepted practices and procedures.

An attorney can help you find witnesses who will provide testimony in your case. These experts can provide an insight into the decision-making process of the doctor and how a specific error or omission could have led to the birth injury to your child. Your lawyer will then be able to use the evidence to support your claim for compensation. A successful medical malpractice lawsuit involves two distinct legal claims one for the child injured and another for the parents.

Expert Witnesses

Families can get compensation for medical expenses, lost wages resulting from absences from work Rehabilitation treatments and therapies as well as long-term care expenses with the right support. However, the key to winning a birth injury case is having the top expert witnesses possible for your case.

These individuals can review evidence and offer an expert opinion on whether a medical professional violated their duty to care by performing an act that could have resulted in injuries to an infant. They can also explain complicated medical terms to make them easier for judges or jury to comprehend.

The expert witness's job is to provide an objective medical opinion that reflects the current state of the art as of the date of the event. This means they must not omit any relevant facts to form a view that is more favorable to either the plaintiff or the defendant.

Experts must also look over the relevant medical records as well as contemporaneous literature with sufficient depth so that they can form an informed opinion. In certain cases, experts may be called to provide a deposition (sworn out-of-court declaration). These sessions are intimidating however they are an essential part of preparing for a case. Your lawyer can help you prepare for these sessions and ensure that you are treated fairly.