Birth Injury Litigation

Medical negligence during the delivery process and labor could result in serious birth injuries to infants. These injuries can have a lasting impact on the infant as well as their families.

A successful lawsuit could help pay for medical costs now and in the future, lost wages, and other damages. However it can take years to obtain.

Compensation

Despite the amazing advances in medical technology however, childbirth remains a risky procedure. Mothers and babies alike expect that doctors act in a professional manner and avoid mistakes that could result in long-lasting harm. If your baby suffered an injury due to negligent actions of a hospital or doctor You might want to consult an New York birth injury lawyer to find out what legal recourse you have.

If you win your claim, you will be awarded financial compensation. This can be used to pay for current and future medical expenses as well as lost wages, emotional stress, and other areas of potential damage. In certain instances juries or judge may also award punitive damages in the event of the most egregious of conduct.

Your attorney will work with a group of expert witnesses to analyze what happened and define the standard of care that is accepted. They will go through all your medical records and evaluate the actions of your medical team during your delivery. This information will help them create a strong case and increase your chances of success.

Before bringing a lawsuit, your lawyer will typically try to negotiate with the malpractice insurer. This is done by the submission of a demand document, that includes a report detailing your family's losses and the medical evidence to support the claims. The malpractice insurance company will make an offer. If a settlement is not reached, the case will proceed to trial.

Damages

The damages that plaintiffs can be awarded can be monetary (such medical bills) or non-economic (such as suffering and pain). In a majority of cases juries award both. The amount of damages a victim will receive is based on how the injury has affected them, and also their past and future losses. Some states restrict the amount of non-economic damages juries may determine.

In order to be eligible for compensation, you must prove that the defendant breached their duty to care. This is accomplished by combining medical documents, expert testimony, and depositions. Medical experts are those who are knowledgeable in a particular field of medical practice. They scrutinize every piece of evidence and appear in court if they are required. In cases involving birth injuries, an expert can help prove that the defendant acted beyond the standards of care expected from an expert in medicine with the same training and experience under the circumstances of the case.

In addition to medical experts, attorneys also take the depositions of anyone who might have a relevant story or insight. They are sworn, outside-of-court statements that allow attorneys to question witnesses directly about what transpired. Some depositions are conducted via phone or via video conference, but the majority are held in court. These conversations can be difficult and stressful but they are vital in building a strong case and securing the highest possible compensation for clients.

Statute of Limitations

In New York, as in many states, medical negligence claims must be filed within a time frame of a statute of limitations. Parents have up to two and a half years to file a suit after the date of the mistake, omission or failure that they believe caused the injuries of their child.

Attorneys can look through the medical records of your child to determine which obstetricians, nurses, and other hospital staff might have played a role in your son's or daughter's birth. They will seek any documents or information related to the injury of your child.

Your lawyer must prove that there was a breach of contract by establishing that the defendant was bound by a duty to your child and violated it by failing to provide the proper care under similar circumstances. To prove this, your lawyer will work with medical experts to analyze the medical professional's actions with accepted practices and procedures.

An attorney can help you locate witnesses to provide testimony in your case. They can provide an important insight into the doctor's decision-making process and explain how a particular error or omission contributed to your child's birth injury. This evidence can be used by your lawyer to justify your compensation claim. A successful medical malpractice case involves two separate legal claims, one for the child that was injured and another for their parents.

Expert Witnesses

Families can get compensation for medical bills, lost wages from absences from work as well as rehabilitation therapies and treatments as well as costs for long-term health care with the right assistance. The most important factor to win a birth injury attorneys-injury case is having the most qualified experts on your side.

They can also review evidence and provide a professional opinion on whether a medical professional violated their duty of care by performing an act which could have caused injuries to an infant. They can simplify medical terms for juries or judge to comprehend.

The expert witness's role is to provide an objective medical opinion that is based on the current knowledge at the time of the event. This means they shouldn't eliminate relevant information to present a favorable impression for either the plaintiff or the defendant.

Experts should also study the relevant medical records and contemporaneous literature with sufficient depth to allow them to form a sound opinion. In certain cases experts may be asked to give an oath in court. These sessions can be a bit intimidating however they are an essential aspect of the preparation of for a trial. Your lawyer can help you prepare for these sessions and make sure that you are treated fairly.