Birth Injury Litigation

Medical inattention during labor and delivery can cause serious birth injuries to infants. These injuries can have a long-lasting effect on the child and their family.

A successful lawsuit can help pay for future and current medical expenses as well as lost wages, and other losses. A successful lawsuit may require years to obtain.

Compensation

Despite the latest medical advancements birth can be a risky. Babies and mothers alike hope that doctors act with professionalism and avoid mistakes which could have lasting consequences. If your baby suffered an injury caused by the negligence of a hospital or doctor You may wish to speak with an New York birth injury lawyer to determine what legal recourses you have.

A successful claim for birth injuries will result in financial compensation. This could cover the current and future medical expenses as well as lost wages, emotional distress and other areas of damage. In some cases juries or judges can also award punitive damages for unacceptable conduct.

Your attorney will work with a group of expert witnesses to discover what happened and establish the accepted standard of care. They will review your medical records and analyze the actions of the medical staff that was present during your birth. 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 an action. This is done by the submission of a demand document, that includes a report detailing your family's losses along with medical evidence to support the claims. The malpractice insurer will respond with an offer. If there is no settlement the case will proceed to trial.

Damages

The damages that plaintiffs may be awarded can be either financial (such medical bills) or non-economic (such as pain and suffering). In many cases juries give both. The amount of damages that the victim is awarded is based on how the injury has affected them and also their past and future losses. Some states also set limits on how much a jury can award in non-economic damages.

To be able to claim compensation, you must show that the defendant violated their duty of caring. This is accomplished by mixing medical documents, expert testimony, and depositions. Medical experts are individuals who are knowledgeable in a particular field of medical practice. They evaluate all evidence and may be called in to testify in court if required. In birth injury cases, the expert will help establish that the defendant acted beyond the standards of care expected from medical professionals with the same training and experience in the particular case.

Attorneys can also depose anyone with a pertinent story, or who has an unique perspective. These are sworn, out-of-court statements that permit attorneys to inquire directly with witnesses about what happened. Some depositions are conducted via the phone or via video conference, but the majority are conducted in the courtroom. These depositions are often challenging and stressful, but they are essential in establishing a strong argument for clients and obtaining the maximum 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 two and a half years from date of an incident or omission to have caused their child's injury to pursue a lawsuit.

Attorneys can look through the medical records of your child to determine which obstetricians nurses and other hospital personnel might have played a role in your daughter or son's birth. He or she can then seek any relevant documents and other information that could help determine the reason for your child's injuries.

In order to prove misconduct, your lawyer needs to prove that the defendant was owed by your child a duty and breached this duty by failing to uphold the standards of care in similar circumstances. To demonstrate this, your attorney will collaborate with medical experts to analyze the actions of the medical professional to accepted practices and procedures.

A lawyer can help you find witnesses who will be able to testify in your case. These experts can provide valuable insight into the decision-making process of the doctor and how a specific mistake or omission caused the birth injury lawsuit injury to your child. The evidence could be used by your lawyer in support of your claim for compensation. A successful medical malpractice case requires two separate legal claims one for the injured child and one for the parents.

Expert Witnesses

Families can get compensation for medical bills, lost wages from time off work as well as rehabilitation therapies and treatments, and long-term care costs with the right assistance. However, the key to winning a birth injury lawsuit is having the best expert witnesses possible for your case.

They can also review evidence and give their professional opinion on whether a medical professional violated their duty to care by doing something that could have caused the injury of an infant. They can simplify medical terms for a jury or judge to comprehend.

The job of an expert witness is to give unbiased medical testimony that reflects the state of medical knowledge at the time of the event relevant to the case. This means that they cannot exclude relevant information in order to provide a more favorable impression for either the plaintiff or defendant.

Experts should also examine the relevant medical records as well as contemporaneous publications with enough depth so that they can form an informed opinion. In some instances experts may be required to make an oath outside of the courtroom. These sessions are intimidating but they are an essential element of preparing for a case. Your attorney can assist you prepare for these sessions and make sure that you are treated fairly.