Birth Injury Litigation

Medical negligence during labor and birth can result in serious birth injuries to infants. These injuries can have a lasting effect on the child and their family.

A successful lawsuit could help pay for future and ongoing medical expenses as well as lost wages and other damages. However it could take years to complete.

Compensation

Despite the incredible medical advances, childbirth is still a risky procedure. Babies and mothers alike hope that doctors will act professionally and avoid making mistakes which could have lasting consequences. If you think a doctor or hospital has been negligent in causing 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 injuries can result in financial compensation. This can include future and present medical costs as well as lost earnings, emotional stress and a variety of other damages. In some instances juries and judge may also award punitive damages for unacceptable behavior.

Your attorney will collaborate closely with a network of expert witnesses to determine what transpired and the standard of care that is accepted. They will look over your medical records and evaluate the actions of the medical staff that was present during your birth. This will help to build solid arguments and increase your chances for success.

Typically, your lawyer will try to reach a settlement with the malpractice insurer prior to filing a lawsuit. This involves sending a demand packet, which includes a detailed account of your family's losses along with medical evidence to support the claim. The malpractice insurer will respond with an offer. If a settlement isn't reached, the case will go to trial.

Damages

The amount of damages a plaintiff is awarded may be either financial (such as medical bills) or non-economic (such as suffering and pain). In a majority of cases juries award both. The amount of the damages the victim is awarded will be based on the degree to which the accident has affected their lives, and also the evidence of their past and future losses. Certain states limit the amount of non-economic damages that a jury may decide to award.

To be able seek compensation, you must prove that the defendant violated their duty of caring. This is done by mixing medical records, expert testimony, and depositions. Medical experts are those who are experts in a specific area of medical practice. They examine all evidence and may testify in court if needed. In cases of birth injury law firms injuries, the expert will prove that the defendant's actions were in a way that is not consistent with the standard of care for a medical professional with the same experience and training under the circumstances of the case.

In addition to medical experts, attorneys also take the depositions of anyone who might have relevant information or a story to share. These are sworn declarations which are not in court and permit attorneys to ask witnesses directly what transpired. Some depositions can be conducted via phone or by video conference but the majority are conducted in court. These meetings can be challenging and stressful but they are essential in establishing a strong case and securing the highest possible compensation for clients.

Statute of limitations

In most states, New York requires that medical malpractice claims be filed within the timeframe of limitations. Parents have two and two and a half years from date of an incident or omission that is believed to have caused their child's injury to file a lawsuit.

Your attorney can review the medical records of your child to determine whether any obstetricians or nurses as well as other hospital personnel were involved in the birth injury law firms of your daughter or son. The attorney will request any documents or information related to the injury of your child.

In order to prove malpractice, your lawyer has to prove that the defendant was responsible for your child's duty and breached this duty by failing to meet the standard of care under similar circumstances. To prove this, you lawyer will work with medical professionals to analyze the actions of the medical professional with accepted practices and procedures.

A lawyer can also assist you to identify witnesses to testify in your case. They can provide valuable information about a doctor's decision making process and what caused your child's birth injury Law firms injuries. The evidence could be utilized by your lawyer to support your claim for compensation. A successful medical malpractice claim involves two separate legal claims: one for the child injured and one for parents.

Expert Witnesses

With the right assistance families can receive compensation that covers medical bills and lost income due to working hours taken off rehabilitation and therapy as well as the cost of long-term care. However, the key to winning a birth injury case is having the top experts on your side.

These individuals are able to review the evidence and provide an expert opinion on whether a medical professional has violated their duty of care doing something which could have caused injuries to an infant. They can simplify medical terms for juries or judge to understand.

The expert witness's job is to provide an objective medical opinion that reflects the current knowledge at the time of the incident. This means that they should not exclude any relevant information to create a view that is more favorably disposed to either the plaintiff or the defendant.

Experts should also review the relevant medical records and contemporaneous literature with sufficient thoroughness to enable them to form a sound opinion. In some cases experts may be required to appear in deposition (sworn out-of-court declaration). These sessions can be stressful however they are an essential aspect of making an argument. Your lawyer can prepare you for these sessions and ensure that you are treated fairly.