Birth Injury Litigation

Medical mistakes during labor and delivery can result in serious birth injuries for infants. These injuries can have a lasting impact on the child and their family.

A successful lawsuit could help pay for birth injury lawyer future and present medical expenses as well as lost wages, and other damages. A successful lawsuit could require years to obtain.

Compensation

Despite the remarkable medical advancements birth is still an unwise procedure. Parents and their babies expect doctors in attendance to behave professionally and avoid mistakes which could have long-lasting consequences. If your baby suffered an injury due to carelessness of a medical professional or hospital you might want to speak with an New York birth injury lawyer to see what legal recourse you have.

A successful claim for birth injuries results in financial compensation. This could include current and future medical expenses loss of wages, emotional stress and other potential damages. In some cases juries and judges could also award punitive damage for the most egregious of conduct.

Your attorney will work with a team of experts witnesses to understand what happened and define the accepted standard of care. They will look over your medical records and analyze the actions of the medical team present during your delivery. This will help to build strong arguments and increase your chances for success.

Before filing a lawsuit, your lawyer will generally attempt to bargain with the malpractice insurer. This involves submitting a demand package, which will include a written statement of your family's losses, as well as medical evidence to support them. The malpractice company will respond with an offer. If a settlement is not reached, the lawsuit will proceed to trial.

Damages

The damages that a plaintiff can receive are either economic (such medical bill) or not-economic (such the pain and suffering). In a lot of cases juries award both. The amount of damages an individual victim receives will be based on the degree to which the accident has impacted their life, and also the evidence of the past and future losses. Some states also set limitations on the amount a jury can award for non-economic damages.

To be able seek compensation, you must show that the defendant breached their duty to care. This is done by combining medical records, expert testimony and depositions. Medical experts are those with specialized knowledge in a specific area of medical practice. They scrutinize all evidence in the case and testify at trial, if needed. In birth injury cases, the expert will help establish that the defendant acted outside of the standard of care expected from an expert in medicine with the same experience and training in the particular case.

Attorneys will also depose anyone who has a relevant story or has an unique perspective. These are sworn, out-of-court statements that permit attorneys to question witnesses directly about what happened. Some depositions are conducted via phone or by video conference however the majority of depositions are conducted in court. These depositions are often challenging and stressful, but are essential to constructing a convincing case for clients and obtaining the best possible amount of compensation.

Statute of limitations

In New York, as in most states, medical malpractice claims must be filed within a time frame of a statute of limitations. Parents have a maximum of two and a quarter years to file a lawsuit following the date of a wrongdoing, omission, or inaction that they believe caused their child's injuries.

Your attorney may review the medical records of your child to determine if any obstetricians or nurses, as well as other hospital staff were involved in the birth of your child or daughter. The attorney can request any relevant documents and information that may help determine the reason for the injuries to your child.

Your lawyer has to prove the case of malpractice by proving that the defendant owed a duty to your child and failed to provide the standard of care in similar circumstances. To prove this, you lawyer will work with medical professionals to analyze the actions of the medical professional with accepted procedures and practices.

A lawyer can help locate witnesses to be available to testify in your case. These professionals can provide valuable insight into a doctor's decision making process and how a mistake or omission caused the birth injuries of your child. Your lawyer can then use this evidence to prove your claim for compensation. A successful medical malpractice claim involves two separate legal claims one for the child who was injured and the other for their parents.

Expert Witnesses

With the right support families can secure the compensation they need to pay medical bills as well as lost earnings due to absence from work rehabilitation and therapy and the cost of long-term care. The key to winning a birth injury lawsuit is having the best expert witnesses possible for your case.

They are able to review the evidence and provide a professional opinions on whether a medical professional acted in breach of their duty of care when they performed an action which could have resulted in an infant's injury. They can simplify medical terms for a jury or birth injury lawyer judge to comprehend.

The objective of an expert witness is to give an impartial medical opinion that reflects the current knowledge at the time of the incident. This means they should not exclude relevant information in order to present a favorable view for either the plaintiff or defendant.

Experts must also read relevant medical records as well as current literature to in making an informed judgement. In some instances, experts may be called to give a deposition (sworn out-of court statement). These sessions are intimidating, but they are a crucial part of preparing for a trial. Your lawyer can help you prepare for these sessions and ensure that you are treated with respect.