Birth Injury Litigation

Medical negligence during labor and Birth Injury law firms can result in serious birth injuries to infants. These injuries can have a long-lasting impact on the child and their family.

A successful lawsuit can pay for future and present medical costs as well as loss of wages, and other damages. However, a successful lawsuit can take years to obtain.

Compensation

Despite incredible medical advances birth can be a risky. Mothers and babies expect doctors on hand to behave with professionalism and avoid errors that could result in permanent consequences. If your baby suffered an injury caused by the carelessness of a doctor or hospital, you may want to consult an New York birth injury lawyer to determine the legal options you have.

If you win your claim, you'll be awarded financial compensation. This can include current and future medical costs and lost earnings, emotional stress and a variety of other damages. In certain instances juries or judge may also award punitive damages for egregious conduct.

Your attorney will collaborate with a network of expert witnesses to discover what happened and establish the accepted standard of care. They will review your records and analyze the actions of the medical personnel who were present during your delivery. This information will help them build a strong case and increase your chances of success.

Before bringing a lawsuit your lawyer will usually try to bargain with the malpractice insurance company. This would involve submitting a demand package, which includes a detailed account of your family's losses as well as 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 damages a plaintiff gets may be either financial (such as medical bills) or non-economic (such as pain and suffering). In a majority of cases the jury awards both. The amount of compensation an individual victim will be awarded will depend on how the injury has affected them, as well as their previous and future losses. Some states restrict the amount of non-economic damages a jury may determine.

To be able to seek compensation, you must show that the defendant violated their duty of caring. This is accomplished by mixing medical documents, expert testimony, and depositions. Medical experts are individuals who specialize in a specific area of medicine. They examine all evidence in the case and testify in court if required. In birth injury cases, an expert can help prove that the defendant's actions are in a way that is not consistent with the standard of care for medical professionals with the same experience and training in the case's circumstances.

Attorneys can also question any person who has a story that is relevant or has an unusual perspective. They are sworn statements that are delivered outside of court that permit lawyers to inquire of witnesses directly what transpired. Some depositions can be conducted via phone or by video conference however, the majority are held in court. These depositions can be difficult and stressful but they are vital in establishing a strong case and securing the highest possible compensation for clients.

Statute of Limitations

As in most states, New York requires that medical malpractice claims be filed within the timeframe of limitations. Parents have a maximum of two and a half years to file a lawsuit following the date of a mistake, omission or omission 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 obstetricians or nurses as well as other hospital personnel were involved in the birth injury attorney of your daughter or son. The attorney can seek any relevant documents and data that can aid in determining the cause of your child's injuries.

Your lawyer must establish the malpractice by proving that the defendant owed an obligation to your child and breached it by failing to provide the proper care in similar circumstances. To prove this, your lawyer will work with medical experts to evaluate the medical professional's actions to accepted practices and procedures.

A lawyer can help find witnesses who will be able to testify in your case. These experts can provide valuable information about a doctor's decision making process and how a mistake or omission caused the birth injuries of your child. This information can be used by your lawyer to prove your claim for compensation. A successful medical malpractice claim involves two separate legal claims, one for the child who was injured as well as one for the parents of the child.

Expert Witnesses

With the right support families can receive the compensation they need to pay medical bills and lost income due to time away from work rehabilitation and therapy and the costs of long-term care. The key to winning a birth injury lawsuit is having the best experts available for your case.

These individuals are able to review the evidence and provide an expert opinion on whether a medical professional acted in violation of their duty of caring by performing an act which could have caused the injury of an infant. They can simplify medical terms for juries or judge to understand.

The role of an expert witness is to offer an objective medical opinion that is reflective of the current knowledge as of the date of the incident. This means they should not remove relevant information to provide a more favorable impression for either the plaintiff or defendant.

Experts should also review the relevant medical records and contemporaneous literature with sufficient depth to allow them to form a sound opinion. In some cases experts may be required to give an oath in the courtroom. These sessions can be intimidating but they are a crucial part of making for a trial. Your attorney can help you prepare for these sessions and ensure that you are treated with respect.