Birth Injury Litigation

Medical negligence during labor and delivery can result in serious birth injuries to infants. These injuries leave a lasting impact on the child as well as their family.

A successful lawsuit may help with medical costs now and in the future in the future, lost wages, and other damages. A successful lawsuit may require years to obtain.

Compensation

Despite the incredible medical advances birth injury lawsuit is still dangerous procedure. Mothers and babies alike expect that doctors will act professionally and avoid errors that could result in long-lasting harm. If you think a doctor or hospital has been negligent in causing your baby's injury and/or death, you should consult a New York birth injuries lawyer to determine the legal options you have.

A successful claim for birth injuries results in financial compensation. This can include future and current medical costs as well as lost wages, emotional stress, and other potential damages. In some instances juries and judges can also award punitive damages for egregious behavior.

Your attorney will work in conjunction with a network of experts witnesses to understand what happened and define the accepted standard of care. They will review your records and examine the actions of the medical professionals that was present during your birth. This information will help you build a strong argument and maximize your chances for success.

Before bringing a lawsuit, your lawyer will typically try to negotiate with the malpractice insurer. This will mean submitting an itemized list of demands which includes a detailed declaration of the losses suffered by your family and the medical evidence that supports the claims. The malpractice insurance company will make an offer. If a settlement cannot be reached, the lawsuit will go to trial.

Damages

The damages a plaintiff gets could be monetary (such as medical bills) or non-economic (such as pain and suffering). In a majority of cases, juries award both. The amount of damages an individual victim receives will be based on the extent to which the incident has impacted their life, as well as evidence of the past and future losses. Some states also place limits on the amount that a jury can award for non-economic damages.

To be able to claim compensation, you must prove that the defendant has violated their duty to care. This is done through a combination of medical documents and expert witness testimony and depositions. Medical experts are people who have been trained in a certain area of medicine. They evaluate all evidence in the case and testify at trial, if needed. In birth injury cases, the expert will prove that the defendant's actions fall in a way that is not consistent with the standard of care for an expert in medicine who has the same education and experience in the case's circumstances.

In addition to medical experts, attorneys also be able to depose anyone who may have an interesting story or insight. These are sworn, out-of-court statements that allow attorneys to inquire directly with witnesses about what transpired. Some depositions are conducted on the phone or via video conference, but most are conducted in a courtroom. These meetings can be challenging and stressful but they are vital in building a strong case and securing the most favorable compensation for clients.

Statute of Limitations

In New York, as in most states, medical malpractice claims must be filed within the statute of limitations. Parents have up to two and a half 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 look over the medical records of your child to determine whether any nurses or obstetricians, as well as other hospital personnel were involved in the birth injury lawsuits of your child or daughter. The attorney can request any relevant documents and information that could help determine the reason for your child's injuries.

Your lawyer must establish the malpractice by proving that the defendant was bound by a duty to your child and breached it by failing to provide the standard of care in similar circumstances. To prove this, you attorney will collaborate with medical professionals to evaluate the actions of the medical professional to accepted procedures and practices.

A lawyer can also help you identify witnesses who can testify about your case. These professionals can give valuable insight into the decision-making process of the doctor and how a specific mistake or omission could have led to your child's birth injury. This evidence can 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 that was injured and another for their parents.

Expert Witnesses

With the right assistance families can get the compensation they need to pay medical bills and lost income due to absence from work as well as rehabilitative therapies and treatments in addition to the costs of long-term care. The most important factor to win a birth-injury case is having the best experts as your witnesses.

These individuals are able to review the evidence and provide an expert opinion on the extent to which a medical professional breached their duty of caring by performing an act that could have led to injuries to an infant. They can simplify medical terms for a jury or judge to comprehend.

The role of an expert witness is to offer an objective medical opinion that is reflective of the current state of knowledge at the time of the incident. This means they must not eliminate relevant information to present a favorable impression for either the plaintiff or defendant.

Experts must also look over the relevant medical records and contemporaneous literature with sufficient depth to enable them to form a sound opinion. In certain instances experts may be required to make an oath outside of the courtroom. These sessions can be intimidating but they are a crucial part of preparing for a case. Your attorney can help you prepare for these sessions and ensure that you are treated with respect.