Birth Injury Litigation

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

A successful lawsuit can help pay for future and present medical costs, lost wages, and other losses. However it could take a long time to get.

Compensation

Despite the incredible medical advances yet, childbirth is an unwise procedure. Mothers and babies expect doctors on hand to act with professionalism and avoid errors that could have lifelong consequences. If your baby suffered an injury caused by the negligent actions of a doctor or hospital, you may want to contact an New York birth injury lawyer to see what legal options you have.

If you win your claim, you will be awarded financial compensation. This could cover the medical costs of the present and future loss of wages, emotional distress, and other areas of potential damage. In some cases juries or judges could also award punitive damages for unacceptable conduct.

Your attorney will collaborate closely with a network of expert witnesses to determine what took place and the accepted standard of care. They will review all your medical records and examine what the medical staff did during your birth injury law firms. This will help them make a convincing case and maximize your chances of success.

Typically, your lawyer will try to reach a settlement agreement with the malpractice insurance company prior to filing a lawsuit. This requires submitting an agenda of demands that includes a full description of your family's losses and medical evidence that supports them. The malpractice carrier will then respond with an offer. If no settlement is reached, the case will go to trial.

Damages

The damages that a plaintiff can receive can be either financial (such a medical bills) or not-economic (such s suffering and pain). In many cases, juries give both. The amount of the damages the victim is awarded will be determined by the extent to which the incident has affected their life, as well as evidence of their past and future losses. Certain states limit the amount of non-economic damages juries can award.

In order to seek compensation to recover compensation, it must be proved that the defendant violated their duty of care. This is done through the use of medical documents as well as expert witness testimony and depositions. Medical experts are those who are experts in a specific area of medicine. They evaluate all evidence and may testify in court if needed. In cases involving birth injuries, the expert will establish that the defendant's actions are not in the scope of care for an medical professional with similar experience and training.

Attorneys may also depose anyone with a pertinent story, or who has an unique perspective. These are sworn declarations that are made outside of court and permit lawyers to inquire of witnesses directly what transpired. Some depositions are conducted over the phone or by video conference however, the majority are held in the courtroom. These depositions are often challenging and stressful, yet they are essential in establishing a strong argument for clients and obtaining the best possible amount of compensation.

Statute of Limitations

Like many states, New York requires that medical malpractice claims be filed within a specified time of limitations. Parents have two and a half years from the date of the act or omission believed to have caused their child's injury to file a lawsuit.

Attorneys can look through the medical records of your child to determine which obstetricians, nurses, and other hospital staff could have been involved in your son's or daughter's birth. The attorney can seek any relevant documents and information that may help determine the cause of the injuries to your child.

Your lawyer has to prove the case of malpractice by proving that the defendant owed the child a duty and breached it by failing to provide the required care under similar circumstances. To demonstrate this, your attorney will collaborate with medical experts to compare the actions of a medical professional with accepted practices and procedures.

A lawyer can also help you identify witnesses to testify on your behalf. These experts can provide an important insight into the decision-making process of the doctor and how a specific error or omission contributed to the birth injury suffered by your child. Your lawyer could then use this evidence to back up your claim for compensation. A successful medical malpractice claim involves two separate legal claims, one for the child who was injured and another for their parents.

Expert Witnesses

With the right support families can get compensation for medical expenses as well as lost earnings due to absence from work, rehabilitative treatments and therapies and the costs of long-term care. However, the key to winning a birth injury lawsuit is having the best expert witnesses for your case.

These individuals can review evidence and give their professional opinion on whether a medical professional violated their duty of care doing something that could have led to injuries to an infant. They can explain difficult medical terms to make them easier for a judge or jury to comprehend.

The objective of an expert witness is to offer an objective medical opinion that is reflective of the current state of knowledge as of the date of the incident. This means they should not eliminate relevant information to create a more favorable view for either the plaintiff or the defendant.

Experts should also review the relevant medical records and contemporaneous research with sufficient detail in order to form a sound opinion. In some cases experts could be required to make an unassailable statement in court. These sessions can be intimidating but are an important part of making an argument. Your attorney can help prepare for these sessions and make sure that you are treated fairly.