Birth Injury Litigation

Medical mistakes during labor and delivery can cause serious birth injuries for infants. These injuries can have a lasting impact on the infant as well as their families.

A successful lawsuit could help pay for future and current medical expenses, lost wages and other damages. A successful lawsuit could require years to obtain.

Compensation

Despite the incredible medical advances birth is still an extremely risky process. Both babies and mothers expect that doctors will act professionally and avoid errors which could have lasting consequences. If you believe the doctor or hospital has been negligent in causing your baby's injury, you should contact a New York birth injuries lawyer to determine what legal options you have.

If you are successful in your claim, you'll receive financial compensation. This could include future and ongoing medical costs loss of wages, emotional stress and a variety of other damages. In some cases, juries and judges may also award punitive damages for egregious behavior.

Your attorney will work closely with a network expert witnesses to determine what transpired and the standard of care you should expect. They will go through your entire medical record and examine the actions of your medical team during your birth. This will help to build a strong argument and maximize your chances of success.

Typically your lawyer will attempt to negotiate a settlement with the malpractice company prior to filing an action. This will involve submitting a demand package, which includes a detailed account of your family's losses along with medical evidence that supports them. The malpractice insurance company will make an offer. If there is no settlement the case will go to trial.

Damages

The damages a plaintiff gets could be monetary (such as medical bills) or non-economic (such as pain and suffering). In a majority of cases, juries decide to award both. The amount of damages an individual victim receives will be based on the extent to which the incident has affected their lives as well as evidence of their past and future losses. Certain states restrict 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 by the use of medical records as well as expert witness testimony and depositions. Medical experts are people who are knowledgeable in a particular area of medical practice. They review all evidence and can be able to testify in court, if needed. In birth injury cases, an expert can help prove that the defendant acted beyond the standards of care for a medical professional with the same experience and training in the particular case.

In addition to medical experts, attorneys can also conduct depositions of any person who might have relevant information or a story to share. These are sworn declarations that are made outside of court and permit attorneys to inquire about witnesses directly what happened. Some depositions are conducted via telephone or via videoconference however, the majority are held in the courtroom. These meetings can be challenging and stressful however they are crucial in establishing a strong case and obtaining the best compensation for clients.

Statute of Limitations

In New York, as in the majority of states, medical malpractice claims must be filed within the timeframe of. Parents have two and two and a half years from date of an act, omission or failure believed to cause injury to their child to make a claim.

Attorneys can look through your child's medical records to determine which obstetricians, nurses, and birth injury lawsuit other hospital staff could have been involved in your daughter or son's birth injury law firm. The attorney will ask for any documents and information relevant to the injury 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 failed to provide the standard of care in similar circumstances. To prove this, your attorney will collaborate with medical experts to evaluate the medical professional's actions with accepted practices and procedures.

A lawyer can also help you identify witnesses and find them to testify on your behalf. These experts can provide valuable insights into the doctor's decision-making process and explain how a particular error or omission led to the birth injury lawsuit injury of your child. Your lawyer can then use this evidence to prove your claim for compensation. A successful medical malpractice lawsuit involves two separate legal claims: one for the injured child and one for parents.

Expert Witnesses

With the right support, families can obtain the compensation they need to pay medical bills as well as lost earnings due to time away from work or rehabilitative therapies and the costs of long-term care. The key to winning the birth-injury lawsuit is having the most skilled experts on your side.

These individuals can review the evidence and provide their professional opinions on whether a medical professional acted in breach of their obligation of care by taking an action that could have led to an infant's injury. They can also explain complicated medical terms to make it easier for judges or jury to understand.

An expert witness's job is to provide unbiased medical evidence that reflects the current state of knowledge at the time of the event that is in dispute. This means that they cannot exclude relevant information in order to create a more favorable impression for either the plaintiff or defendant.

Experts must also read relevant medical records as well as current literature to enable them be able to make an informed judgment. In some instances experts may be required to make a deposition (sworn out-of-court statements). These sessions can be intimidating however they are an essential aspect of preparing for a trial. Your attorney can help you prepare for these sessions and ensure that you are treated fairly.