Birth Injury Litigation

Medical inattention during labor and delivery can result in serious birth injuries for infants. These injuries can have a lasting impact on the child as well as their families.

A successful lawsuit can help pay for medical costs now and in the future in the future, lost wages, and other damages. A successful lawsuit could take years to reach.

Compensation

Despite remarkable medical advances, childbirth can be risky. Both mothers and babies expect that doctors act in a professional manner and avoid errors that could have long-lasting consequences. If you think the hospital or doctor has been negligent in causing the injury of your baby and/or death, you should consult a New York birth injury attorney injuries lawyer to determine the legal options you have.

A successful claim for birth injuries will result in financial compensation. This can include future and current medical expenses, lost wages, emotional stress and other potential damages. In some cases juries and judges could also award punitive damage for egregious behavior.

Your attorney will work with a team of experts witnesses to analyze what happened and define the accepted standard of care. They will review all of your medical records and analyze what the medical staff did during your delivery. This information will help you build solid arguments and increase your chances for success.

Typically your lawyer will attempt to negotiate a settlement with the malpractice carrier before filing an action. This is done by sending a demand packet, that includes a report detailing your family's losses, as well as medical evidence to support the claim. The malpractice insurance company will make an offer. If no settlement is reached the case will proceed to trial.

Damages

The damages that plaintiffs can be awarded can be either financial (such medical bills) or non-economic (such s pain and suffering). In many cases, juries will award both. The amount of the damages a victim receives will be determined by the extent to which the injury has affected their lives, and also the evidence of their past and future losses. Certain states also impose restrictions on the amount a jury can award for non-economic damages.

To be able to seek compensation the plaintiff must prove that the defendant breached their duty of care. This is done by using medical records, expert testimony, and depositions. Medical experts are people who are experts in a certain area of medical practice. They scrutinize all evidence in the case and testify at trial if necessary. In cases involving birth injuries, experts will be able to prove that the defendant acted against the standard of care expected from medical professionals who has the same education and experience in the specific circumstances of the case.

In addition to medical experts, attorneys will interview anyone who may have a relevant story or insight. These are sworn, out-of-court statements that permit attorneys to inquire directly with witnesses about what happened. Some depositions are conducted via the phone or via video conference, however most are held in a courtroom. These conversations are often difficult and stressful, but are essential to constructing a convincing case for clients and to securing the highest possible amount of compensation.

Statute of Limitations

As in most states, New York requires that medical malpractice claims be filed within the statute of limitations. Parents have up to two and a quarter years to file a suit following the date of a wrongdoing, omission, or inaction that they believe caused the injuries of their child.

Attorneys can look through your child's medical records to determine which obstetricians nurses and other hospital staff could have been involved in your son or daughter's birth. He or she will then seek any documents or information relevant to the injury of your child.

When proving malpractice, your lawyer must prove that the defendant was owed by your child a duty and breached this duty by failing to uphold the standards of care in similar circumstances. To prove this, you attorney will work with medical professionals to evaluate the actions of the medical professional with accepted procedures and practices.

An attorney can help you locate witnesses to provide testimony in your case. These professionals can give an important insight into the doctor's decision-making process and explain how a particular error or omission contributed to your child's birth injury. This information can be utilized by your lawyer in support of your claim for compensation. A successful medical malpractice claim involves two separate legal claims: one for the child who was injured and one for parents.

Expert Witnesses

With the right support families can get compensation to cover medical expenses and lost income due to time away from work, rehabilitative treatments and therapies in addition to the cost of long-term medical care. The key to winning a birth injury lawsuit is having the best experts available for your case.

They can look over the evidence and give their professional opinion about whether a medical professional acted in breach of their duty of care by performing an action that could have led to an infant's injury. They can simplify medical terms for juries or judge to understand.

An expert witness's role is to give unbiased medical testimony that reflects the state of knowledge at the time of the event in question. This means they must not ignore relevant information in order to give a more favorable impression for either the plaintiff or defendant.

Experts should also study relevant medical records and current literature to enable them in making an informed judgement. In certain cases experts may be required to appear in deposition (sworn out-of court statement). These sessions can be stressful but are an important part of the preparation of the case. Your attorney can help you prepare for these sessions and make sure that you are treated fairly.