Birth Injury Litigation

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

A successful lawsuit could aid in the payment of medical expenses now and in the future as well as lost wages and other damages. A successful lawsuit could take years to achieve.

Compensation

Despite incredible medical advances childbirth can be dangerous. Parents and their babies expect doctors on hand to behave with professionalism and avoid mistakes that could have lifelong consequences. If your baby was injured due to negligent actions of a medical professional or hospital You may wish to contact an New York birth injury lawyer to see what legal recourses you have.

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

Your attorney will collaborate with a team of experts witnesses to determine what occurred and establish the standard of care that is accepted. They will review your medical records and examine the actions of the medical professionals present during your delivery. This will assist them to build a strong case to increase your chances of success.

Typically, your lawyer will try to negotiate a settlement with the malpractice company prior to filing a lawsuit. This will require submitting an array of demands that includes a full statement outlining your family's losses as well as the medical evidence to justify them. The malpractice carrier will then respond with an offer. If a settlement cannot be reached, the case will go to trial.

Damages

The damages plaintiffs may be awarded are either economic (such medical bill) or non-economic (such the suffering and pain). In a lot of cases, juries decide to award both. The amount of damages a victim receives will be determined by the extent to which the injury has affected their life, as well as evidence of the past and future losses. Certain states also have limits on how much a jury can award for non-economic damages.

To be able to seek compensation, you must show that the defendant breached their duty of caring. This is done by mixing medical records, expert testimony and depositions. Medical experts are individuals who are experts in a particular area of medicine. They examine all evidence and can appear in court if they are required. In cases involving birth injuries the expert will help establish that the defendant's actions fall beyond the standards of care for a medical professional with the same training and experience under the circumstances of the case.

In addition to medical experts, attorneys also conduct depositions of any person who may have an important story or insight. They are sworn, outside-of-court statements that allow attorneys to directly question witnesses about what transpired. Some depositions can be conducted over the phone or via 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 compensation.

Statute of Limitations

Like many states, New York requires that medical malpractice claims be filed within a specified time of limitations. Parents have two and two-and-a-half years from the date of the act or omission to cause injury to their child to file a lawsuit.

Your attorney may review the medical records of your child to determine whether any obstetricians or nurses and other hospital staff were involved in the birth injury Lawsuit of your son or daughter. He or she will request any documents and information related to the injury of your child.

In order to prove the negligence, your lawyer must prove that the defendant was owed by your child a duty and breached this duty in failing to comply with the standard of care under similar circumstances. To prove this, your attorney will work with medical professionals to evaluate the actions of the medical professional with accepted practices and procedures.

A lawyer can also help you find witnesses who can testify about your case. These professionals can give valuable insights into the decision-making process of the doctor and explain how a particular error or omission caused the birth injury suffered by your child. Your lawyer could then use this evidence to prove your claim for compensation. A successful medical malpractice claim involves two distinct legal claims: one for the child injured and one for the parents.

Expert Witnesses

With the right help, families can obtain compensation that covers medical bills as well as lost earnings due to time off from work as well as rehabilitative therapies and treatments in addition to the cost of long-term medical care. The key to winning a birth injury case is having the best experts for your case.

They are able to look over evidence and give their professional opinion on the extent to which a medical professional breached their duty of care by performing an act that could have caused the injury of an infant. They can simplify medical terms for a jury or judge to understand.

The role of an expert witness is to provide an objective medical opinion that is based on the current knowledge as of the date of the event. This means that they should not omit any relevant information in order to form an opinion that is more favorably disposed to either the plaintiff or the defendant.

Experts should also study relevant medical records and recent literature to to form an informed opinion. In some cases, an expert may be required to make a sworn statement outside of the courtroom. These sessions can be a bit intimidating but they are a crucial part of the preparation of a case. Your attorney can help you prepare for these sessions and make sure that you are treated fairly.