Birth Injury Litigation

Medical negligence during the delivery process and labor can cause severe birth injuries to infants. These injuries can have a lasting impact on the infant and their family.

A successful lawsuit can be used to pay for future and current medical costs as well as lost wages and other damages. A successful lawsuit can take years to achieve.

Compensation

Despite amazing medical advances birth can be a risky. Baby and mother expect the doctors who attend to be professional and avoid errors that could have lasting consequences. If your baby was injured caused by the negligent actions of a hospital or doctor you might want to consult a New York birth injury lawyer to determine what legal options you have.

If you are successful in your claim, you will receive financial compensation. This could cover the current and future medical expenses, lost earnings, emotional distress, and other areas of damage. In certain instances juries or judges could also award punitive damages for the most egregious of conduct.

Your attorney will collaborate closely with a network expert witnesses to determine what took place and the standard of care that is accepted. They will review all of your medical records and analyze what the medical staff did during your delivery. This information will help them make a convincing case and maximize your chances of success.

Typically your lawyer will attempt to negotiate a settlement with the malpractice insurance company prior to filing an action. This will require you to submit an agenda of demands that includes a comprehensive statement outlining your family's losses as well as the medical evidence to support them. The malpractice insurer will then make an offer. If no settlement is reached the case will proceed to trial.

Damages

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

To be able to seek compensation, you must show that the defendant breached their duty to care. This is accomplished by combining medical evidence, expert testimony and depositions. Medical experts are individuals who specialize in a particular area of medicine. They review all evidence and are able to be called in to testify in court if required. In birth injury cases, the expert will help establish that the defendant's actions were in a way that is not consistent with the standard of care for an expert in medicine who has the same education and experience in the case's circumstances.

In addition to medical experts, attorneys will interview anyone who may have an interesting story or insight. These are sworn, non-judgmental statements that permit attorneys to inquire directly with witnesses about what transpired. Some depositions can be conducted over the phone or by video conference however the majority of depositions are held in the courtroom. These discussions can be difficult and stressful, but are essential to building a strong case for clients and obtaining the highest possible compensation.

Statute of Limitations

Like most states, New York requires that medical malpractice claims be filed within the statute of limitations. Parents have a maximum of two and a half years to file a suit after the date of the wrongdoing, omission, or omission that they believe caused the injuries of their child.

Your attorney can look over the medical records of your child to determine which obstetricians nurses and other hospital personnel might have been involved in your son's or daughter's birth. He or she will then ask for birth injury any documents and details that relate to the injuries of your child.

Your lawyer must establish the malpractice by establishing that the defendant owed the child a duty and violated it by failing to provide the standard of care in similar circumstances. To prove this, your attorney will work with medical professionals in comparing the actions of the medical professional with accepted practices and procedures.

A lawyer can help find witnesses who will provide testimony in your case. These professionals can provide valuable insight into the process used by doctors to make decisions and how an error or omission caused the birth injuries of your child. This information can be utilized by your lawyer in support of your compensation claim. A successful medical malpractice case involves two separate legal claims, one for the child who was injured as well as one for the parents of the child.

Expert Witnesses

Families can get compensation for medical bills, lost wages from time off work, rehabilitation treatments and therapies and costs for long-term care with the right assistance. The key to winning a birth injury lawsuit is having the best expert witnesses possible to be on your side.

These individuals are able to review evidence and offer an expert opinion on whether a medical professional violated their duty of care by doing something which could have caused injuries to an infant. They can simplify medical terms for a jury or judge to understand.

The expert witness's job is to provide an objective medical opinion that reflects the current state of the art at the time of the incident. This means they should not ignore relevant information in order to provide a more favorable perspective for either the plaintiff or defendant.

Experts should also thoroughly review relevant medical records and recent literature to be able to make an informed judgment. In certain cases experts could be asked to give deposition (sworn out-of-court declaration). These sessions can be daunting but they are an essential part of preparing for a trial. Your attorney can prepare you for these sessions and ensure that you are treated fairly.