Birth Injury Litigation

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

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

Compensation

Despite the amazing advances in medical technology birth is still dangerous procedure. Parents and their babies expect doctors in attendance to act with professionalism and avoid mistakes that could have lasting consequences. If you believe a doctor or hospital was negligent in causing the injury to your baby and/or death, you should consult a New York birth injuries lawyer to determine what legal options you have.

If you're successful in your claim, you will be awarded financial compensation. This can include current and future medical expenses loss of wages, emotional stress and a variety of other damages. In some instances juries or judges could also award punitive damages in the event of egregious conduct.

Your attorney will collaborate closely with a network of expert witnesses to determine what took place and the standard of care that is accepted. They will go through your entire medical record and evaluate what the medical staff did during your birth. This will help to build solid arguments and increase your chances of success.

Before bringing a lawsuit your lawyer is likely to try to negotiate with the malpractice insurer. This will involve making a demand package which will include a written statement of your family's losses, as well as medical evidence to support them. The malpractice insurer will then make an offer. If a settlement is not reached, the case will proceed to trial.

Damages

The damages a plaintiff receives could be monetary (such as medical bills) or non-economic (such as suffering and pain). In a majority of cases, juries award both. The amount of damages the victim is awarded is determined by how the injury has affected them, as well as their previous and future losses. Certain states restrict the amount of non-economic damages juries may award.

To be able to seek compensation, you must show that the defendant violated their duty of care. This is accomplished by the use of medical documents, expert witness testimony, and depositions. Medical experts are individuals who have been trained in a particular area of medicine. They review all evidence in the case and are able to testify at trial if necessary. In cases involving birth injuries, birth injuries an expert can help prove that the defendant's actions were beyond the standards of care expected from medical professionals with the same training and experience under the circumstances of the case.

Attorneys will also depose anyone with a pertinent story or who has a unique insight. These are sworn, Birth injuries out-of-court statements that permit attorneys to question witnesses directly about what happened. Depositions can be conducted over the phone or via video conferences, but the majority are held in a courtroom. These depositions can be difficult and stressful but they are essential in establishing a strong case and obtaining the best compensation for clients.

Statute of limitations

In New York, as in most states, medical malpractice claims must be filed within a time frame of a statute of limitations. Parents have a maximum of two and a quarter years to file a lawsuit after the date of a mistake, omission or failure that they believe caused the injuries of their child.

Your attorney will be able to review the medical records of your child to determine whether any nurses or doctors, as well as other hospital personnel were involved in the birth of your son or daughter. They will request any documents and information relevant to the injury of your child.

In order to prove the malpractice, your lawyer must establish that the defendant owed your child a obligation and violated that duty in failing to comply with the standards of care in similar circumstances. To prove this, your lawyer will collaborate with medical experts to compare the actions of the medical professional to accepted practices and procedures.

A lawyer can help identify witnesses who can provide testimony in your case. These professionals can provide valuable information about the process of making decisions by a doctor and what resulted in your child's birth injuries. This evidence can be used by your lawyer to prove your compensation claim. A successful medical malpractice case requires two distinct legal claims: one for the injured child and another for the parents.

Expert Witnesses

With the right help families can get compensation for medical expenses as well as lost earnings due to absence from work as well as rehabilitative therapies and treatments and the costs of long-term health care. However, the key to winning a birth injury case is having the top experts to be on your side.

They can look over the evidence and offer a professional opinion on whether a medical professional has violated their duty of care in carrying out an act that could have resulted in an infant's injury. They can simplify medical terms for juries or judge to comprehend.

An expert witness's role is to provide impartial medical evidence that reflects the current state of knowledge at the time of the incident that is in dispute. This means they should not 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 as well as contemporaneous publications with enough depth to enable them to form a sound opinion. In some instances, experts may be called to give a deposition (sworn out-of-court statement). These sessions can be stressful but are an important part of the preparation of an argument. Your lawyer can help you prepare for these sessions and ensure that you are treated with respect.