Birth Injury Litigation

Medical inattention during labor and delivery can result in severe birth injuries to infants. These injuries leave a lasting effect on the child and their family.

A successful lawsuit can aid in the payment of medical expenses now and in the future along with lost wages and other damages. A successful lawsuit can take years to achieve.

Compensation

Despite the remarkable medical advancements yet, childbirth is an unwise procedure. Mothers and babies expect doctors to be professional and avoid mistakes that could have lifelong consequences. If your baby was injured due to negligent actions of a hospital or doctor you might want to contact an New York birth injury lawyer to determine what legal options you have.

A successful claim for birth injuries results in financial compensation. This can cover current and Birth injury future medical expenses as well as lost wages, emotional distress and other areas of potential damage. In some cases, juries or judges may also award punitive damages for the most egregious of conduct.

Your attorney will collaborate with a team of experts witnesses to understand what happened and establish the accepted standard of care. They will look over your medical records and examine the actions of the medical team who were present during your delivery. This will assist them to make a convincing case and maximize your chances of success.

Typically, your lawyer will try to reach a settlement with the malpractice carrier before filing an action. This will require you to submit an agenda of demands which will include a thorough account of the losses your family has suffered and the medical evidence that supports them. The malpractice insurer will respond with an offer. If there is no settlement the case will go to trial.

Damages

The damages plaintiffs may be awarded can be monetary (such a medical bills) or not-economic (such pain and suffering). In many cases the jury awards both. The amount of damages that the victim is awarded is based on how the injury has affected them, as well as their previous and future losses. Certain states also impose limits on how much a jury can award in non-economic damages.

To be able seek compensation, you must prove that the defendant did not fulfill their duty of caring. This is accomplished by the use of medical documents and expert witness testimony and depositions. Medical experts are individuals with specialized knowledge in a specific field of medicine. They scrutinize every piece of evidence and be able to testify in court, if needed. In birth injury cases, an expert can help prove that the defendant's actions were against the standard of care expected from a medical professional with the same training and experience in the case's circumstances.

Attorneys will also depose anyone with a pertinent story or with a unique insight. They are sworn statements that are which are not in court and Birth injury allow attorneys to ask witnesses directly what transpired. Some depositions are conducted on the phone or via video conferences, but the majority are held in the courtroom. These conversations are often difficult and stressful, but they are essential to building a strong case for clients and obtaining the maximum possible amount of compensation.

Statute of limitations

As in most states, New York requires that medical malpractice claims be filed within the prescribed time of limitations. Parents have a maximum of two and a quarter years to file a lawsuit after the date of a wrongful act, 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 if any obstetricians or nurses as well as other hospital personnel were involved in the birth injury lawsuit of your daughter or son. He or she can then request any relevant documents and information that could help determine the cause of your child's injuries.

Your lawyer must prove that there was a breach of contract by establishing that the defendant was bound by an obligation to your child and failed to provide the appropriate care in similar circumstances. To establish this, your lawyer will collaborate with medical experts to analyze the actions of the medical professional to accepted practices and procedures.

A lawyer can assist you identify witnesses who can provide testimony in your case. These professionals can give an important insight into the process used by doctors to make decisions and how a particular mistake or omission contributed to your child's birth injury. The evidence could be utilized by your lawyer to support your compensation claim. A successful medical malpractice lawsuit involves two distinct legal claims: one for the child injured and one for the parents.

Expert Witnesses

With the right help families can receive compensation for medical expenses and lost income due to absence from work rehabilitation and therapy and the costs of long-term care. However, the key to winning a birth injury case is having the most experienced experts available for your case.

These individuals are able to review evidence and give their professional opinion on whether a medical professional violated their duty of caring by doing something which could have caused the injury of an infant. They can simplify medical terms for juries or judge to comprehend.

The expert witness's role is to give an impartial medical opinion that is reflective of the current knowledge as of the date of the event. This means that they should not exclude any relevant information to create an opinion that is more favorably disposed to either the plaintiff or the defendant.

Experts should also study relevant medical records and contemporary research in making an informed judgement. In certain cases, an expert may be asked to give an oath in the courtroom. These sessions can be stressful but they are an essential part of the preparation of for a trial. Your attorney can prepare you for these sessions and make sure that you are treated fairly.