Birth Injury Litigation

Medical negligence during labor and birth injury lawsuits can result in severe birth injuries to infants. These injuries can have a long-lasting impact on the infant as well as their families.

A successful lawsuit could help pay for future and present medical costs, lost wages and other damages. A successful lawsuit may take years to achieve.

Compensation

Despite the amazing medical advancements birth injury lawyers is still an extremely risky process. Both mothers and babies expect that doctors will act professionally and avoid blunders that could have long-lasting consequences. If your baby suffered an injury that was due to the negligent actions of a hospital or doctor you might want to contact an New York birth injury lawyer to see what legal recourse you have.

If you're successful in your claim, you'll receive financial compensation. This could include current and future medical expenses, lost wages, emotional stress and a variety of other damages. In certain cases juries or judges can also award punitive damages in the event of unacceptable conduct.

Your attorney will collaborate with a team of experts witnesses to discover what happened and establish the standard of care that is accepted. They will go through all of your medical records and examine the actions of your medical team during your delivery. This will help them build a strong case to increase your chances of success.

Before bringing a lawsuit your lawyer will typically try to bargain with the malpractice insurer. This will mean submitting an agenda of demands that includes a comprehensive statement outlining your family's losses and the medical evidence that supports them. The malpractice insurance company will make an offer. If no settlement is reached, the lawsuit will proceed to trial.

Damages

The amount of damages a plaintiff is awarded can be either economic (such as medical bills) or non-economic (such as suffering and pain). In many cases juries award both. The amount of damages that a victim will receive will depend on how the accident has affected them in addition to their past and future losses. Some states restrict the amount of non-economic damages that a jury may decide to award.

To be able to claim compensation, you must show that the defendant did not fulfill their duty of caring. This is accomplished through the use of medical records and expert witness testimony and depositions. Medical experts are people who have specialized in a particular field of medicine. They scrutinize all evidence in the case and can testify at trial if needed. In cases involving birth injuries, the expert will help establish the defendant's actions did not meet the standard of care of an medical professional with similar experience and training.

In addition to medical experts, attorneys will also conduct depositions of any person who might have relevant information or a story to share. These are sworn, non-judgmental statements that permit attorneys to question witnesses directly about what transpired. Some depositions are conducted via the phone or through a video conference, but most are held in a courtroom. These depositions can be difficult and stressful but they are vital to build a strong case and securing the most favorable compensation for clients.

Statute of limitations

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

Your attorney can look over the medical records of your child to determine which doctors, nurses and other hospital personnel might have been involved in your son's or daughter's birth. The attorney can seek any relevant documents and information that could help determine the cause of your child's injuries.

In order to prove the negligence, your lawyer must prove that the defendant owed your child a duty and breached this duty by failing to uphold the standards of care in similar circumstances. To prove this, your lawyer will work with medical professionals to analyze the actions of the medical professional to accepted procedures and birth injury law firm practices.

A lawyer can also help you find witnesses to testify in your case. These professionals can give an insight into the decision-making process of the doctor and how a specific mistake or omission led to your child's birth injury law firm injury. This evidence can be utilized by your lawyer to support your compensation claim. A successful medical malpractice case requires two separate legal claims: one for the child who was injured and one for parents.

Expert Witnesses

With the right assistance families can secure compensation that covers medical bills and lost income due to time away from work or rehabilitative therapies as well as the cost of long-term medical care. But the most important thing to winning a birth injury case is having the top expert witnesses to be on your side.

These individuals can review the evidence and provide a professional opinion on whether a medical professional has violated their duty of care in carrying out an act that could have led to an infant's injuries. They can simplify medical terms for a jury or judge to understand.

The job of an expert witness is to provide objective medical evidence that reflects the state of medical knowledge at the time of the incident in question. This means they should not ignore relevant information in order to present a favorable view for either the plaintiff or the defendant.

Experts should also thoroughly review relevant medical records and contemporary literature to enable them in making an informed judgement. In some instances experts may be required to make an oath in the courtroom. These sessions can be intimidating however they are an essential element of preparing for a trial. Your lawyer can help you prepare for these sessions and make sure that you are treated fairly.