Birth Injury Litigation

Medical negligence during the delivery process and labor could result in serious birth injury law firms injuries to infants. These injuries have a lasting impact on the child and their family.

A successful lawsuit can assist in paying for medical expenses now and in the future, lost wages, and other damages. A successful lawsuit could require years to obtain.

Compensation

Despite the incredible medical advances birth is still an extremely risky process. Mothers and babies alike expect that doctors act in a professional manner and avoid errors that could have long-lasting consequences. If your baby was injured that was caused by negligence of a hospital or doctor You might want to contact a New York birth injury lawyer to see what legal recourses you have.

A successful claim for birth injuries results in financial compensation. This can cover the current and future medical expenses loss of wages, emotional stress, and other potential areas of damage. In certain cases juries or judges could also award punitive damages for the most egregious of conduct.

Your attorney will work closely with a network expert witnesses to determine what transpired and the accepted standard of treatment. They will look over your medical records and examine the actions of the medical personnel present during your delivery. This will assist them to create a strong case and maximize your chances of success.

Before bringing a lawsuit your lawyer will usually try to negotiate with the malpractice insurer. This would involve making a demand package which will include a written statement of your family's losses along with medical evidence that supports the claim. The malpractice insurer will then make an offer. If a settlement is not reached, the case will go to trial.

Damages

The amount of damages a plaintiff is awarded can be either economic (such as medical bills) or non-economic (such as pain and suffering). In a lot of cases, juries award both. The amount of compensation the victim is awarded is determined by how the accident has affected them as well as their past and future losses. Certain states also have limits on the amount that a jury can award for non-economic damages.

To be able to claim compensation, you must show that the defendant violated their duty to care. This is done by mixing medical records, expert testimony and depositions. Medical experts are people who are experts in a specific area of medicine. They scrutinize all evidence and can be able to testify in court, if needed. In cases involving birth injuries, the expert will determine if the defendant's actions did not meet the guidelines of medical professionals with similar experience and training.

Attorneys can also question any person who has a story that is relevant or who has an unusual perspective. These are sworn out-of-court statements that permit attorneys to ask witnesses directly about what happened. Depositions can be conducted over the phone or through a video conference, but the majority are held in the courtroom. These depositions are often challenging and stressful, but are essential to constructing a convincing case for clients and obtaining the best possible amount of compensation.

Statute of Limitations

As in most states, New York requires that medical malpractice claims be filed within a specified time of limitations. Parents have up to two and a quarter years to file a lawsuit after the date of a negligent act, omission or failure that they believe caused the injuries of their child.

Your attorney can review your child's medical records to determine which doctors, nurses and other hospital personnel may have been involved in your daughter or son's birth. They 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 was responsible for your child's obligation and then violated this obligation by failing to meet the standard of care in similar circumstances. To prove this, you attorney will work with medical professionals in comparing the actions of the medical professional to accepted practices and procedures.

An attorney can help you locate witnesses to be able to testify in your case. They can provide an insight into the decision-making process of the doctor and how a specific mistake or omission contributed to the birth injury to your child. This evidence can be used by your lawyer to justify your compensation claim. A successful medical malpractice claim involves two separate legal claims, one for the child who was injured and the other for their parents.

Expert Witnesses

Families can get compensation for medical expenses, lost wages resulting from time off work as well as rehabilitation therapies and treatments and costs for long-term care with the right support. The most important factor to win a birth-injury claim is having the most qualified experts as your witnesses.

They can also review the evidence and provide an expert opinion on whether a medical professional has violated their duty of care by doing something that could have caused injuries to an infant. They can also explain complex medical terms to make it easier for judges or jury to comprehend.

The objective of an expert witness is to provide an unbiased medical opinion that is based on the current knowledge as of the date of the event. This means that they should not exclude any relevant information to develop a view that is more favorable to either the plaintiff or the defendant.

Experts must also look over the relevant medical records as well as contemporaneous publications with enough depth so that they can form an informed opinion. In certain cases experts may be required to appear in deposition (sworn out-of-court statements). These sessions can be daunting however they are an essential part of preparing for a trial. Your attorney can help prepare for these sessions and make sure that you are treated fairly.