Birth Injury Litigation

Medical inattention during labor and delivery can result in serious birth injuries for infants. These injuries can have a long-lasting impact on the infant and their family.

A successful lawsuit could help with medical costs now and in the future along with lost wages and other damages. A successful lawsuit can require years to obtain.

Compensation

Despite the latest medical advancements, childbirth can be risky. Mothers and babies alike expect that doctors will act professionally and avoid mistakes which could have lasting consequences. If your baby suffered an injury due to negligent actions of a medical professional or hospital You may wish to speak with an New York birth injury lawyer to find out what legal recourses you have.

A successful claim for birth-related injuries can result in financial compensation. This could cover the current and future medical expenses and lost wages, emotional stress, and other areas of potential damage. In some cases juries or judge may also award punitive damages for the most egregious of conduct.

Your attorney will work closely with a network of expert witnesses to determine what happened and the accepted standard of care. They will go through all your medical records and examine the actions of your medical team during your birth. This will help them make a convincing case and maximize your chances of success.

Before filing a lawsuit, your lawyer will usually try to talk to the malpractice insurance company. This involves submitting a demand package, which will include a written statement of your family's losses and 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 gets could be monetary (such as medical bills) or non-economic (such as pain and birth injury law firms suffering). In a majority of cases, juries decide to award both. The amount of damages an individual victim receives will be based on the degree to which the accident has affected their lives as well as evidence of their past and future losses. Certain states limit the amount of non-economic damages a jury may award.

In order to pursue compensation the case must prove that the defendant violated their duty of care. This is accomplished by the use of medical records, expert testimony, and depositions. Medical experts are those with specialized knowledge in a particular area of medical practice. They scrutinize all evidence and may testify in court if needed. In Birth Injury Law Firms injury cases, the expert will establish that the defendant's actions did not meet the standard of care of a medical professional of similar experience and training.

In addition to medical experts, attorneys can also be able to depose anyone who may have an interesting story or insight. These are sworn declarations which are not in court and permit lawyers to inquire of witnesses directly what transpired. Some depositions can be conducted over the telephone or via videoconference, but the majority are conducted in the courtroom. These meetings are often stressful and stressful but are crucial to establishing a strong case for clients and obtaining the best possible amount of compensation.

Statute of limitations

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

Your attorney can review the medical records of your child to determine whether any obstetricians or nurses along with other hospital staff were involved in the birth of your son or daughter. The attorney can request any relevant documents and data that can help determine the cause of the injuries to your child.

When proving negligence, your lawyer must establish that the defendant owed your child a obligation and violated that duty by failing to meet the standards of care in similar circumstances. To prove this, you attorney will collaborate with medical professionals in comparing the actions of the medical professional with accepted procedures and practices.

A lawyer can also help you find witnesses to testify on your behalf. They can provide valuable insight into a doctor's decision making process and how a mistake or omission caused your child's birth injuries. This evidence can be utilized by your lawyer to support your claim for compensation. A successful medical malpractice case involves two separate legal claims, one for the child that was injured and one for their parents.

Expert Witnesses

With the right help families can get compensation to cover medical expenses as well as lost earnings due to absence from work rehabilitation and therapy in addition to the costs of long-term health care. But the most important thing to winning a birth injury lawyers injury lawsuit is having the top experts on your side.

They can look over the evidence and provide a professional opinion as to whether a medical professional acted in breach of their duty of care when they performed an act which could have resulted in an infant's injuries. They can also explain complex medical terms to make them easier for a judge or jury to understand.

An expert witness's job is to provide unbiased medical evidence that reflects the state of medical knowledge at the time of the incident in question. This means that they cannot ignore relevant information in order to create a more favorable perspective for either the plaintiff or the defendant.

Experts should also review the relevant medical records and contemporaneous research with sufficient detail so that they can form a sound opinion. In some instances, experts may be called to appear in deposition (sworn out-of court statement). These sessions can be stressful but are an important part of preparing a case. Your attorney can help you prepare for these sessions and ensure that you are treated fairly.