Birth Injury Litigation

Medical negligence during delivery and labor can cause severe birth injury lawyers 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 ongoing medical costs, lost wages, and other losses. However, a successful lawsuit can take years to obtain.

Compensation

Despite the amazing advances in medical technology, childbirth is still an unwise procedure. Babies and mothers expect doctors to be professional and avoid errors that could have lasting consequences. If your baby suffered an injury that was due to the negligent actions of a medical professional or hospital, you may want to contact a New York birth injury lawyer to determine the legal recourses you have.

A successful claim for birth injury attorneys injuries will result in financial compensation. This could cover the medical costs of the present and future, lost wages, emotional stress, and other areas that could cause damage. In some instances, juries or judges may also award punitive damages in the event of the most egregious of conduct.

Your attorney will collaborate in conjunction with a network of experts witnesses to understand what happened and define the standard of care that is accepted. They will review your medical records and review the actions of the medical professionals present during your delivery. This will assist them to make a convincing case and increase your chances of success.

Before bringing a suit, your lawyer is likely to try to negotiate with the malpractice insurer. This will mean submitting an itemized list of demands which will include a thorough declaration of the losses suffered by your family and medical evidence to justify them. The malpractice carrier will then respond with an offer. If a settlement is not reached, the case will go to trial.

Damages

The damages the plaintiff could be awarded are either economic (such medical bill) or non-economic (such pain and suffering). In a lot of cases the jury awards both. The amount of damages that the victim will receive is based on how their injury has affected them as well as their previous and future losses. Some states also set restrictions on the amount a jury can award in non-economic damages.

In order to pursue compensation the case must prove that the defendant breached their duty of care. This is done by the use of medical records and expert witness testimony and depositions. Medical experts are those who have specialized in a particular area of medical practice. They evaluate all evidence and can testify in court if needed. In cases involving birth injuries the expert will help establish that the defendant acted beyond the standards of care for a medical professional with the same training and experience in the case's circumstances.

In addition to medical experts, attorneys also take the depositions of anyone who might have a relevant story or insight. These are sworn declarations that are made outside of court and permit attorneys to inquire about witnesses directly what happened. Some depositions are conducted via phone or by video conference however the majority of depositions are held in the courtroom. These depositions are often challenging and stressful, yet they are essential 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 make a claim.

Attorneys can look through the medical records of your child to determine which obstetricians nurses and other hospital staff could have been involved in your son's or daughter's birth. He or she will ask for any documents and details that relate to the injuries of your child.

In order to prove negligence, your lawyer must establish that the defendant owed your child a obligation, and then breached it by failing to adhere to the standard of care under similar circumstances. To establish this, your lawyer will work with medical experts to compare the medical professional's actions with accepted practices and procedures.

A lawyer can also help you find witnesses who can testify about your case. These professionals can provide valuable insight into a doctor's decision making process and Birth injury Lawyer how an error or omission caused the birth injuries of your child. This information can be used by your lawyer to support your claim for compensation. A successful medical malpractice claim involves two separate legal claims: one for the injured child and one for parents.

Expert Witnesses

Families can get compensation for medical expenses, lost wages due to the absence of work, rehabilitation treatments and therapies and costs for long-term care with the right support. The most important factor to win an injury case at birth is having the best experts on your side.

They are able to look over evidence and provide a professional opinion on whether a medical professional acted in violation of their duty to care by performing an act that could have caused the injury of an infant. They can simplify medical terms for a jury or judge to understand.

The role of an expert witness is to provide objective medical evidence that reflects the state of knowledge at the time of the event that is being investigated. This means that they should not exclude any relevant facts to form an opinion that is more favorably disposed to either the plaintiff or the defendant.

Experts should also review the relevant medical records as well as contemporaneous literature with sufficient thoroughness in order to form a sound opinion. In certain cases experts may be asked to give an unassailable statement in the courtroom. These sessions are intimidating, but they are a necessary part of preparing for a case. Your attorney can help prepare for these sessions and make sure that you are treated fairly.