Birth Injury Litigation

Medical negligence during labor and birth can cause severe birth injuries to infants. These injuries can have a lasting impact on the child as well as their families.

A successful lawsuit may assist in paying for medical expenses now and in the future as well as lost wages and other damages. A successful lawsuit can require years to obtain.

Compensation

Despite incredible medical advances the risk of childbirth is still high. Babies and mothers alike hope that doctors will act professionally and avoid mistakes which could have lasting consequences. If your baby suffered an injury that was due to the carelessness of a hospital or doctor you might want to consult an New York birth injury lawyer to see what legal options you have.

If you're successful with your claim, you'll receive financial compensation. This can be used to pay for the current and future medical expenses loss of wages, emotional distress, and other potential areas of damage. In some instances juries or judges could also award punitive damages for egregious conduct.

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

Typically your lawyer will attempt to negotiate a settlement with the malpractice company prior to filing an action. This will involve sending a demand packet, which includes a statement detailing your family's losses and the medical evidence to support them. The malpractice insurance company will make an offer. If there is no settlement the case will proceed to trial.

Damages

The damages a plaintiff receives may be economic (such as medical bills) or non-economic (such as pain and suffering). In many cases, juries decide to award both. The amount of damages an individual victim receives will be based on the extent to which the injury has affected their life, as well as evidence of their past and future losses. Some states limit the amount of non-economic damages that juries can decide to award.

In order to seek compensation to recover compensation, it must be proved that the defendant acted in breach of their duty of care. This is done through a combination of medical records and expert witness testimony and depositions. Medical experts are people with specialized knowledge in a specific field of medicine. They examine every piece of evidence and be able to testify in court, if needed. In birth injury cases, the expert will help establish that the defendant's actions are beyond the standards of care for an expert in medicine with the same training and experience under the circumstances of the case.

Attorneys can also question anyone with a pertinent story or with an unusual perspective. These are sworn declarations delivered outside of court that permit attorneys to inquire about witnesses directly what happened. Some depositions are conducted on the phone or via video conferences, but the majority are held in a courtroom. These meetings are often stressful and stressful, but are essential to establishing a strong case for clients and to securing the highest possible compensation.

Statute of limitations

In New York, as in most states, medical malpractice claims must be filed within the time frame of a statute of limitations. Parents have up to two and a quarter years to file a suit after the date of a wrongful act, omission, or inaction that they believe caused the injuries of their child.

Attorneys can look through the medical records of your child to determine which doctors, nurses, and other hospital staff may have been involved in your son's or daughter's birth injury lawsuits. He or she can then seek any relevant documents and information that could help determine the reason for your child's injuries.

When proving negligence, your lawyer must establish that the defendant was bound by a obligation, and then breached it in failing to comply with the standard of care under similar circumstances. To demonstrate this, your attorney will collaborate with medical experts in comparing the medical professional's actions with accepted practices and procedures.

A lawyer can also assist you to identify and locate witnesses to testify on your behalf. They can provide valuable insights into the decision-making process of the doctor and explain how a particular error or omission could have led to your child's birth injury. This information can be used by your lawyer to justify your compensation claim. A successful medical malpractice case involves two distinct legal claims one for the child injured and one for parents.

Expert Witnesses

Families can get compensation for medical bills, lost wages from absences from work, rehabilitation treatments and therapies as well as costs for long-term health care with the right assistance. However, the key to winning a birth injury lawsuit is having the most experienced experts available for your case.

These individuals are able to review evidence and provide a professional opinion on whether a medical professional violated their duty of care performing an act that could have resulted in injuries to an infant. They can also explain complex medical terms to make it easier for judges or jury to understand.

The role of an expert witness is to offer an objective medical opinion that is based on the current knowledge at the time of the incident. This means they must not ignore relevant information in order to give a more favorable view for either the plaintiff or the defendant.

Experts should also study relevant medical records and current literature to be able to make an informed judgment. In some instances experts could be asked to give an unassailable statement in court. These meetings can be stressful however they are an essential part of preparing for a trial. Your attorney can assist you prepare for these sessions and ensure that you are treated with respect.