Birth Injury Litigation

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

A successful lawsuit can pay for future and present medical expenses as well as loss of wages, and other damages. A successful lawsuit can take a long time to complete.

Compensation

Despite amazing medical advances, childbirth can be risky. Mothers and babies expect doctors on hand to act with professionalism and avoid errors which could have long-lasting consequences. If your baby suffered an injury caused by the negligent actions of a hospital or doctor you might want to speak with an New York birth Injury lawsuit injury lawyer to determine the legal recourse you have.

A successful claim for birth-related injuries can result in financial compensation. This could include future and current medical expenses and lost wages, emotional stress, and other damages that could be awarded. In certain cases, juries and judges may also award punitive damage for the most egregious of conduct.

Your attorney will collaborate in conjunction with a network of experts witnesses to analyze what happened and define the accepted standard of care. They will go through your records and review the actions of the medical personnel that was present during your birth injury attorney. This will assist them to create a strong case and maximize your chances of success.

Typically, your lawyer will try to negotiate a settlement with the malpractice company prior to filing an action. This will mean submitting an itemized list of demands which includes a detailed declaration of the losses suffered by your family and medical evidence to support the claims. The malpractice insurance company will make an offer. If a settlement isn't reached, the lawsuit will go to trial.

Damages

The damages a plaintiff gets could be monetary (such as medical bills) or non-economic (such as suffering and birth injury lawsuit pain). In many cases juries will award both. The amount of damages that the victim is awarded is determined by how the accident has affected them, as well as their past and future losses. Certain states limit the amount of non-economic damages that a jury may decide to award.

To be able seek compensation, you must prove that the defendant violated their duty to care. This is accomplished by using medical records, expert testimony and depositions. Medical experts are people who specialize in a particular field of medicine. They scrutinize every piece of evidence and appear in court if they are required. In cases involving birth injuries an expert can help prove that the defendant's actions fall beyond the standards of care for an expert in medicine who has the same education and experience under the circumstances of the case.

In addition to medical experts, attorneys will also interview anyone who may have an interesting story or insight. These are sworn, out-of-court statements that allow attorneys to question witnesses directly about what happened. Depositions can be conducted over the phone or through a video conference, but most are held in a courtroom. These conversations can be difficult and stressful, but they are important in establishing a strong argument and securing the highest possible compensation for clients.

Statute of Limitations

As in most states, New York requires that medical malpractice claims be filed within the prescribed time of limitations. Parents have two and two-and-a-half years from the date of an incident or omission that is believed to cause injury to their child to make a claim.

Attorneys can look through the medical records of your child to determine which obstetricians nurses, birth injury lawsuit and other hospital staff could have been involved in your daughter or son's birth. He or she can then request any relevant documents and information that could help identify the cause of the injuries to your child.

If you want to prove that there was a misconduct, your lawyer needs to prove that the defendant was responsible for your child's obligation, and then breached it by failing to adhere to the standards of care required in similar circumstances. To prove this, your attorney will work with medical professionals in comparing the actions of the medical professional to accepted procedures and practices.

A lawyer can also help you identify witnesses and find them to testify on your behalf. These professionals can give an important insight into the doctor's decision-making process and explain how a particular error or omission caused your child's birth injury. Your lawyer can then utilize this evidence to support your claim for compensation. A successful medical malpractice lawsuit involves two distinct legal claims: one for the child who was injured and another for the parents.

Expert Witnesses

Families can seek compensation for medical bills, lost wages 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 most experienced expert witnesses to be on your side.

They will review the evidence and provide their professional opinion as to whether a medical professional acted in breach of their duty of care in carrying out an action that could have caused an infant's injury. They can also explain complex medical terms to make them easier for a judge or jury to comprehend.

The expert witness's job is to provide an unbiased medical opinion that reflects the current state of knowledge as of the date of the event. This means they should not remove relevant information to give a more favorable view for either the plaintiff or defendant.

Experts should also study relevant medical records and current literature to in making an informed judgement. In certain instances experts may be required to make an unassailable statement in the courtroom. These sessions can be stressful however they are an essential aspect of making a case. Your lawyer can help you prepare for these sessions and ensure that you are treated fairly.