Birth Injury Litigation

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

A successful lawsuit could help pay for future and present medical costs as well as lost wages, and other damages. A successful lawsuit could take years to achieve.

Compensation

Despite the remarkable medical advancements, childbirth is still a risky procedure. Baby and mother expect doctors in attendance to behave with professionalism and avoid mistakes that could have lifelong consequences. If you suspect that the hospital or doctor is liable for your baby's injury then you should contact a New York birth injuries lawyer to determine the legal options you have.

A successful claim for birth injuries results in financial compensation. This can include future and current medical expenses and lost wages, emotional stress and other damages that could be awarded. In some instances juries or judges can also award punitive damages in the event of the most egregious of conduct.

Your attorney will collaborate with a group of expert witnesses to discover what happened and define the accepted standard of care. They will review your records and analyze the actions of the medical personnel that was present during your birth. This will assist them to make a convincing case and maximize your chances of success.

Typically, your lawyer will try to negotiate a settlement with the malpractice carrier before filing a lawsuit. This requires submitting an array of demands that includes a comprehensive statement outlining your family's losses and the medical evidence to support the claims. The malpractice insurer will then make an offer. If there is no settlement the case will proceed to trial.

Damages

The damages plaintiffs can be awarded can be either financial (such a medical bills) or non-economic (such the pain and suffering). In many cases juries award both. The amount of damages that the victim will receive is determined by how the accident has affected them and also their past and future losses. Certain states limit the amount of non-economic damages juries can determine.

To be able seek compensation, you must show that the defendant has violated their duty to care. This is accomplished by a combination of medical records and expert witness testimony and depositions. Medical experts are those who specialize in a particular field of medicine. They evaluate all evidence in the case and are able to testify at trial if necessary. In cases involving birth injuries, the expert will determine if the defendant's actions fell outside the standard of care of medical professionals with similar experience and training.

Attorneys may also depose anyone with a relevant story or who has a unique insight. These are sworn statements made outside of court that allow attorneys to ask witnesses directly what happened. Depositions can be conducted over the phone or through a video conference, but the majority are conducted in a courtroom. These meetings can be challenging and stressful, but they are important in establishing a strong argument and securing the highest possible compensation for clients.

Statute of limitations

In New York, as in most states, medical malpractice claims must be filed within a time frame of a statute of limitations. Parents have two and two and a half years from date of an incident or omission believed to cause injury to their child to bring a lawsuit.

Your attorney can look over the medical records of your child to determine if any obstetricians or nurses along with other hospital staff, were involved in the birth of your son or daughter. They can seek any relevant documents and information that may aid in determining the cause of your child's injuries.

When proving misconduct, your lawyer needs to establish that the defendant was bound by a duty and breached this duty in failing to comply with the standards of care in similar circumstances. To establish this, your lawyer will collaborate with medical experts to evaluate the actions of a medical professional with accepted practices and procedures.

A lawyer can also assist you to identify witnesses to testify about your case. These professionals can give valuable insights into the decision-making process of the doctor and how a particular mistake or omission caused your child's birth injury. This information can be used by your lawyer to prove your compensation claim. A successful medical malpractice claim involves two separate legal claims, one for the child that was injured and another for their parents.

Expert Witnesses

Families can be compensated for medical bills, lost wages from working hours therapy and rehabilitation and costs for long-term care with the right support. But the most important thing to winning a birth injury lawyer injury case is having the best experts to be on your side.

They are able to review the evidence and offer a professional opinion as to whether a medical professional breached their duty of care when they performed an act which could have resulted in the injuries of an infant. They can explain complicated medical terms to make them easier for judges or jury to understand.

An expert witness's role is to provide impartial medical evidence that reflects the state of knowledge at the time of the event in question. This means that they should not omit any relevant information to create an opinion that is more favorable to either the plaintiff or the defendant.

Experts should also study relevant medical records and recent literature to make an informed decision. In certain cases experts may be required to give a deposition (sworn out-of court statement). These sessions can be intimidating but are an important part of preparing an argument. Your attorney can prepare you for these sessions and make sure that you are treated with respect.