Birth Injury Litigation

Medical inattention during labor and delivery can result in serious birth injuries to infants. These injuries can have a lasting impact on the child as well as their families.

A successful lawsuit could help pay for medical costs now and in the future along with lost wages and other damages. A successful lawsuit may take years to achieve.

Compensation

Despite incredible medical advances the risk of childbirth is still high. Babies and mothers alike hope that doctors act in a professional manner and avoid mistakes that could have long-lasting consequences. If your baby was injured that was due to the negligent actions of a doctor or hospital, you may want to speak with a New York birth injury lawyer to see what legal options you have.

If you are successful in your claim, you'll be awarded financial compensation. This can include current and future medical expenses loss of wages, emotional stress and other damages that could be awarded. In certain cases juries or judges could also award punitive damages for unjust conduct.

Your attorney will collaborate closely with network experts witnesses to determine what occurred and the standard of care you should expect. They will look over your medical records and analyze the actions of the medical staff present during your delivery. This information can help build solid arguments and increase your chances of success.

Typically, your lawyer will try to reach a settlement agreement with the malpractice carrier before filing an action. This involves submitting a demand package, which includes a detailed account of your family's losses as well as the medical evidence that supports the claims. The malpractice insurance company will make an offer. If no settlement is reached, the case will go to trial.

Damages

The damages a plaintiff gets may be economic (such as medical bills) or non-economic (such as pain and suffering). In a lot of cases, juries award both. The amount of damages the victim is awarded will be determined by the extent to which the injury has affected their lives and also the evidence of their past and future losses. Some states also place restrictions on the amount an individual jury can award in non-economic damages.

To be able seek compensation, you must prove that the defendant has violated their duty of caring. This is done by mixing medical documents, expert testimony, and depositions. Medical experts are those who have specialized in a particular field of medicine. They examine all evidence and can be able to testify in court, if needed. In cases involving birth injuries, the expert will help establish that the defendant's actions are beyond the standards of care for a medical professional with the same training and experience under the circumstances of the case.

Attorneys will also depose anyone who has a relevant story or with an exclusive perspective. They are sworn statements that are made outside of court that permit lawyers to inquire of witnesses directly what transpired. Some depositions are conducted via phone or by video conference but the majority are conducted in court. These conversations are often difficult and stressful, but are essential in establishing a strong argument for clients and obtaining the maximum possible compensation.

Statute of limitations

In New York, as in most states, medical malpractice claims must be filed within the statute of limitations. Parents have a maximum of two and a half years to file a suit following the date of a mistake, omission or omission that they believe caused the injuries of their child.

Your attorney can look over the medical records of your child to determine if any obstetricians or nurses and other hospital personnel were involved in the birth of your daughter or son. He or she will seek any documents or details that relate to the injuries of your child.

Your lawyer has to prove the case of malpractice by proving that the defendant was bound by an obligation to your child and breached it by failing to provide the required care in similar circumstances. To prove this, your lawyer will collaborate with medical experts in comparing the medical professional's actions to accepted practices and procedures.

An attorney can help you find witnesses who will testify in your case. These experts can provide valuable insight into the process of making decisions by a doctor and the way in which an error or omission resulted in your child's birth injuries. The evidence could be utilized by your lawyer to justify your compensation claim. A successful medical malpractice case involves two separate legal claims, one for the child who was injured as well as one for the parents of the child.

Expert Witnesses

Families can receive compensation for medical expenses, lost wages due to absences from work Rehabilitation treatments and therapies as well as costs for long-term health care with the right assistance. The key to winning a birth injury case is having the top experts on your side.

They can look over the evidence and provide a professional opinion as to whether a medical professional violated their duty of care in carrying out an action which could have resulted in injuries to an infant. They can simplify medical terms for a jury or judge to understand.

An expert witness's role is to provide objective medical testimony that is based on the current state of knowledge at the time of the incident that is being investigated. This means they should not ignore relevant information in order to create a more favorable opinion for the plaintiff or defendant.

Experts should also examine the relevant medical records as well as contemporaneous publications with enough depth in order to form a sound opinion. In certain cases experts could be asked to appear in deposition (sworn out-of-court declaration). These sessions can be stressful however they are an essential aspect of preparing for a trial. Your attorney can help you prepare for these sessions and make sure that you are treated with respect.