birth injury attorney Injury Litigation

Medical negligence during labor and birth can cause serious birth injuries to infants. These injuries can have a long-lasting impact on the child and their family.

A successful lawsuit can help pay for future and ongoing medical expenses as well as lost wages and other damages. A successful lawsuit can take a long time to complete.

Compensation

Despite the amazing advances in medical technology birth is still an unwise procedure. Both babies and mothers expect that doctors act in a professional manner and avoid making mistakes which could have lasting consequences. If you suspect that an institution or doctor is liable for the injury of your baby and/or death, you should consult a New York birth injuries lawyer to determine what legal options you have.

A successful claim for birth-related injuries can result in financial compensation. This can include future and present medical expenses loss of earnings, emotional stress and a variety of other damages. In certain cases juries and judge may also award punitive damages in the event of the most egregious of conduct.

Your attorney will collaborate with a team of experts witnesses to discover what happened and define the standard of care that is accepted. They will review your entire medical record and examine what the medical staff did during your delivery. This information can help build a strong argument and maximize your chances for success.

Typically your lawyer will attempt to reach a settlement agreement with the malpractice company prior to filing a lawsuit. This will involve making a demand package which includes a statement detailing your family's losses, as well as medical evidence that supports them. The malpractice insurer will then make an offer. If no settlement is reached, the case will proceed to trial.

Damages

The damages that a plaintiff can receive can be monetary (such a medical bills) or non-economic (such as pain and suffering). In a lot of cases juries award both. The amount of compensation the victim will receive will depend on how the injury has affected them, as well as their past and future losses. Certain states restrict the amount of non-economic damages that juries can determine.

To be able to claim compensation, you must show that the defendant did not fulfill their duty of care. This is accomplished by combining medical evidence, expert testimony and depositions. Medical experts are individuals who are experts in a specific area of medicine. They scrutinize all evidence in the case, and testify at trial if necessary. In birth injury cases, the expert will determine if the defendant's actions were outside the scope of care for an expert in the field with similar training and experience.

Attorneys may also depose anyone with a relevant story or has an exclusive perspective. They are sworn, outside-of-court statements that permit attorneys to inquire directly with witnesses about what transpired. Some depositions are conducted over the telephone or via videoconference, birth injuries but the majority are conducted in court. These depositions can be difficult and stressful however they are crucial in establishing a strong argument and obtaining the best possible compensation for clients.

Statute of limitations

In New York, as in the majority of states, medical malpractice claims must be filed within a statute of limitations. Parents have two and two and a half years from date of an act or omission believed to have caused their child's injury to file a lawsuit.

Your attorney can review your child's medical records to determine which obstetricians, nurses, and other hospital staff might have been involved in your daughter or son's birth injury lawsuits. He or she will then ask for any documents and information relevant to the injury of your child.

If you want to prove that there was a malpractice, your lawyer must prove that the defendant was owed by your child a obligation, and then breached it by failing to adhere to the standards of care in similar circumstances. To prove this, your lawyer will collaborate with medical experts to evaluate the actions of a medical professional with accepted practices and procedures.

A lawyer can assist you identify witnesses who can testify in your case. They can provide valuable insight into the process of making decisions by a doctor and how an error or omission caused your child's birth injuries. Your lawyer could then use this evidence to prove your claim for compensation. A successful medical malpractice case requires two separate legal claims: one for the child who was injured and one for the parents.

Expert Witnesses

Families can get compensation for medical bills, lost wages from working hours therapy and rehabilitation and costs for long-term care with the right help. The most important factor to win an injury case at birth is having the best experts as your witnesses.

They can look over the evidence and offer a professional opinion on whether a medical professional breached their duty of care in carrying out an act that could have resulted in an infant's injury. They can explain complicated medical terms to make it easier for judges or jury to comprehend.

An expert witness's job is to provide unbiased medical evidence that reflects the state of medical knowledge at the time of the event that is being investigated. This means that they should not omit any relevant facts to form an opinion that is more favorable to either the plaintiff or defendant.

Experts must also look over the relevant medical records as well as contemporaneous literature with sufficient thoroughness to allow them to form an informed opinion. In some instances, experts may be called to appear in a deposition (sworn out-of-court statement). These meetings can be stressful however they are an essential part of preparing for a trial. Your attorney can help you prepare for these sessions and make sure that you are treated with respect.