Birth Injury Litigation

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

A successful lawsuit may aid in the payment of medical expenses now and in the future, lost wages, and other damages. However it could take years to complete.

Compensation

Despite the amazing medical advancements birth is still a risky procedure. Parents and their babies expect the doctors who attend to behave with professionalism and avoid making mistakes that could result in permanent consequences. If you suspect that the doctor or hospital has been negligent in causing the injury of your baby 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 could cover the medical costs of the present and future as well as lost wages, emotional distress and other areas of potential damage. In certain instances juries or judges could also award punitive damages in the event of unacceptable conduct.

Your attorney will work in conjunction with a network of experts witnesses to determine what occurred and establish the standard of care that is accepted. They will look over your medical records and analyze the actions of the medical professionals who were present during your delivery. This information can help build solid arguments and increase your chances for success.

Before bringing a lawsuit, your lawyer is likely to attempt to bargain with the malpractice insurer. This would involve sending a demand packet, which will include a written statement of your family's losses and the medical evidence to support the claim. The malpractice insurer will respond with an offer. If a settlement cannot be reached, the case will go to trial.

Damages

The damages that the plaintiff could be awarded can be either financial (such medical bill) or not-economic (such s pain and suffering). In a lot of cases, juries award both. The amount of the damages an individual victim receives will be based on the extent to which the incident has affected their lives, and also the evidence of the past and future losses. Some states also set limitations on the amount a jury can award in non-economic damages.

To pursue compensation the plaintiff must prove that the defendant breached their duty of care. This is done through a combination of medical documents as well as expert witness testimony and depositions. Medical experts are those who specialize in a particular area of medicine. They examine all evidence and are able to be called in to testify in court if required. In cases involving birth injuries, the expert will help establish the defendant's actions are not in the scope of care for an expert in the field with similar experience and training.

In addition to medical experts, attorneys will conduct depositions of any person who may have a relevant story or insight. These are sworn out-of-court statements that allow attorneys to ask witnesses directly about what transpired. Some depositions are conducted on the phone or through a video conference, but the majority are conducted in a courtroom. These depositions are often challenging and stressful, yet they are essential in establishing a strong argument for clients and obtaining the highest possible amount of compensation.

Statute of limitations

In New York, as in the majority of states, medical malpractice claims must be filed within a statute of limitations window. Parents have two and a half years to file a suit after the date of a wrongful act, omission, or failure that they believe caused their child's injuries.

Your attorney can look over the medical records of your child to determine whether any nurses or obstetricians and other hospital staff, were involved in the birth injury attorneys of your daughter or son. The attorney can seek any relevant documents and information that could help determine the reason for your child's injuries.

If you want to prove that there was a negligence, your lawyer must prove that the defendant was responsible for your child's obligation and then violated this obligation by failing to uphold the standard of care in similar circumstances. To prove this, you attorney will collaborate with medical professionals to analyze the actions of the medical professional with accepted procedures and practices.

A lawyer can help identify witnesses who can be able to testify in your case. These professionals can provide valuable information about the process of making decisions by a doctor and how an error or omission caused your child's birth injury law firm injuries. This evidence can be used by your lawyer to support your claim for compensation. A successful medical malpractice claim involves two separate legal claims, one for the child who is injured as well as one for the parents of the child.

Expert Witnesses

With the right help families can secure compensation that covers medical bills as well as lost earnings due to time off from work rehabilitation and therapy as well as the cost of long-term medical care. However, the key to winning a birth injury lawsuit is having the most experienced experts available for your case.

These individuals can review the evidence and provide a professional opinion on whether a medical professional breached their duty of care by performing an act that could have resulted in the injuries of an infant. They can explain complicated medical terms to make them easier for judges or jury to comprehend.

The expert witness's job is to provide an unbiased medical opinion that is based on the current state of knowledge as of the date of the incident. This means that they should not omit any relevant information in order to form an opinion that is more favorable to either the plaintiff or the defendant.

Experts should also examine the relevant medical records as well as contemporaneous literature with sufficient depth so that they can form an informed opinion. In some instances experts could be required to provide a sworn statement outside of the courtroom. These sessions are intimidating, but they are a necessary part of preparing for a case. Your attorney can help you prepare for these sessions and make sure that you are treated with respect.