Birth Injury Litigation

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

A successful lawsuit could help pay for medical costs now and in the future as well as lost wages and other damages. A successful lawsuit may take years to reach.

Compensation

Despite the latest medical advancements the risk of childbirth is still high. Mothers and babies expect the doctors who attend to be professional and avoid errors that could have lasting consequences. If your baby suffered an injury due to negligent actions of a doctor or hospital, you may want to contact a New York birth injury lawyer to determine what legal options you have.

If you win your claim, you will receive financial compensation. This could include future and current medical expenses loss of earnings, emotional stress and other potential damages. In certain cases juries or judges could also award punitive damages in the event of unacceptable conduct.

Your attorney will collaborate with a team of experts witnesses to discover what happened and establish the standard of care that is accepted. They will look over your medical records and examine the actions of the medical team present during your delivery. This information will help build strong arguments and increase your chances of success.

Before filing a lawsuit, your lawyer will usually try to negotiate with the malpractice insurer. This is done by sending a demand packet, which includes a detailed account of your family's losses as well as the medical evidence that supports the claim. The malpractice insurer will 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 bill) or not-economic (such the pain and suffering). In a lot of cases, juries give both. The amount of damages a victim receives will be determined by the degree to which the accident has affected their life, as well as evidence of their past and future losses. Certain states also impose limitations on the amount a jury can award in non-economic damages.

In order to seek compensation the case must prove that the defendant breached their duty of care. This is accomplished by using medical records, expert testimony, and depositions. Medical experts are those who are knowledgeable in a particular area of medicine. They evaluate all evidence in the case, and testify at trial if necessary. In birth injury lawyers injury cases, experts will be able to prove that the defendant acted beyond the standards of care expected from an expert in medicine who has the same education and experience under the circumstances of the case.

Attorneys can also depose any person who has a story that is relevant or who has an unique perspective. These are sworn declarations delivered outside of court that allow attorneys to ask witnesses directly what transpired. Some depositions can be conducted over the telephone or via videoconference, but the majority are conducted in the courtroom. These meetings can be challenging and stressful but they are vital in establishing a strong argument and obtaining the best compensation for clients.

Statute of Limitations

In most states, New York requires that medical malpractice claims be filed within a specified time of limitations. Parents have up to two and a half years to file a suit within the time frame of a mistake, omission or omission they believe caused their child's injuries.

Your attorney may review your child's medical records to determine which obstetricians, nurses and other hospital personnel might have been involved in your son or daughter's birth. The attorney will request any documents or information related to the injury of your child.

In order to prove the malpractice, your lawyer must prove that the defendant was responsible for your child's duty and breached this duty by failing to adhere to the standards of care in similar circumstances. To prove this, your lawyer will work with medical professionals to compare the actions of the medical professional to accepted practices and procedures.

An attorney can help you find witnesses who will testify in your case. These experts can provide an insight into the doctor's decision-making process and how a particular mistake or omission could have led to your child's birth injury. Your lawyer can 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 is injured and the other for their parents.

Expert Witnesses

With the right help families can get compensation that covers medical bills and lost income due to working hours taken off as well as rehabilitative therapies and treatments, as well as the cost of long-term medical care. The key to winning a birth injury lawsuit is having the most experienced experts available for your case.

They can also review evidence and offer an expert opinion on whether a medical professional acted in violation of their duty of care doing something that could have resulted in injuries to an infant. They can simplify medical terms for a jury or judge to comprehend.

An expert witness's role is to give unbiased medical testimony that reflects the state of knowledge at the time of the incident that is being investigated. This means they shouldn't exclude relevant information in order to present a favorable impression for either the plaintiff or defendant.

Experts should also carefully review relevant medical records and contemporary research in making an informed judgement. In certain cases, experts may be called to provide deposition (sworn out-of court statement). These sessions can be intimidating however they are a necessary part of preparing for a case. Your attorney can help prepare for these sessions and ensure that you are treated with respect.