Birth Injury Litigation

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

A successful lawsuit could help pay for current and future medical expenses as well as loss of wages, and other damages. However it could take years to reach.

Compensation

Despite the amazing advances in medical technology yet, childbirth is an unwise procedure. Mothers and babies expect doctors on hand to be professional and avoid mistakes that could have lifelong consequences. If your baby was injured that was caused by negligence of a hospital or doctor You might want to consult a New York birth injury lawyer to find out what legal recourses you have.

A successful claim for birth injuries will result in financial compensation. This can include future and ongoing medical expenses loss of wages, emotional stress and other potential damages. In some instances juries or judge may also award punitive damages in the event of egregious conduct.

Your attorney will work closely with a network expert witnesses to determine what happened and the accepted standard of care. They will review your records and evaluate the actions of the medical personnel present during your delivery. This information will help build an argument that is strong and increase your chances for success.

Before filing a lawsuit, your lawyer will usually attempt to bargain with the malpractice insurance company. This will mean submitting an itemized list of demands that includes a full account of the losses your family has suffered and the medical evidence to support them. The malpractice insurer will then make an offer. If no settlement is reached, the case will go to trial.

Damages

The amount of damages a plaintiff is awarded may be economic (such as medical bills) or non-economic (such as pain and suffering). In a lot of cases juries award both. The amount of damages an individual victim will be awarded is based on how their injury has affected them, as well as their previous and future losses. Certain states also have limits on how much a jury can award for non-economic damages.

In order to be eligible for compensation, you must prove that the defendant has violated their duty to care. This is done by mixing medical records, expert testimony and depositions. Medical experts are people who have been trained in a certain area of medicine. They scrutinize all evidence in the case and testify in court if required. In cases of birth injuries, the expert will determine if the defendant's actions were outside the standard of care of a medical professional of similar experience and training.

Attorneys will also depose anyone with a pertinent story or has an unique perspective. These are sworn, out-of-court statements that allow attorneys to ask witnesses directly about what happened. Some depositions are conducted over the phone or through a video conference, however most are conducted in a courtroom. These discussions can be stressful and stressful but they are essential to build a strong case and securing the most favorable compensation for clients.

Statute of limitations

In New York, as in many states, medical negligence claims must be filed within a time frame of a statute of limitations. Parents have two and two and a half years from date of an incident, omission or failure believed to have led to the injury of their child to pursue a lawsuit.

Your attorney can look over your child's medical records to determine which obstetricians, nurses and other hospital personnel might have played a role in your daughter or son's birth injury lawyers. He or she can then seek any relevant documents and information that could aid in determining the cause of your child's injuries.

If you want to prove that there was a misconduct, your lawyer needs to prove that the defendant was responsible for your child's obligation, and then breached it by failing to adhere to the standard of care under similar circumstances. To prove this, you attorney will work with medical professionals in comparing the actions of the medical professional to accepted procedures and practices.

A lawyer can also help you identify witnesses and find them to testify about your case. They can provide valuable insights into the decision-making process of the doctor and explain how a particular error or omission led to your child's birth injury. The evidence could 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 injured and one for their parents.

Expert Witnesses

With the right assistance families can get compensation that covers medical bills as well as lost earnings due to working hours taken off or rehabilitative therapies and the costs of long-term care. The key to winning a birth injury case is having the most experienced expert witnesses for your case.

They are able to look over evidence and provide a professional opinion on whether a medical professional has violated their duty of care by doing something that could have led to an infant's injury. They can also explain complex medical terms to make them easier for judges or jury to comprehend.

The job of an expert witness is to give unbiased medical evidence that reflects the state of knowledge at the time of the event that is in dispute. This means that they should not exclude any relevant information to create a view that is more favorably disposed to either the plaintiff or the defendant.

Experts should also study relevant medical records and recent literature to enable them to form an informed opinion. In some instances, experts may be called to give deposition (sworn out-of-court statement). These sessions can be a bit intimidating but they are an essential part of the preparation of the case. Your attorney can help prepare for these sessions and ensure that you are treated fairly.