Birth Injury Litigation

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

A successful lawsuit can help pay for future and current medical costs as well as lost wages, and other losses. However it can take years to reach.

Compensation

Despite the amazing advances in medical technology birth is still dangerous procedure. Parents and their babies expect doctors to behave professionally and avoid mistakes that could have lifelong consequences. If your baby suffered an injury that was due to the carelessness of a doctor or hospital you might want to consult a New York birth injury lawsuits injury lawyer to find out what legal recourses you have.

If you're successful with 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 distress, and other potential areas of damage. In some cases juries or judges can also award punitive damages for Birth Injury unacceptable conduct.

Your attorney will collaborate with a team of experts witnesses to analyze what happened and define the accepted standard of care. They will review all your medical records and review what the medical staff did during your birth. This information will help build strong arguments and increase your chances for success.

Typically, your lawyer will try to reach a settlement with the malpractice carrier before filing an action. This will require submitting an agenda of demands that includes a full account of the losses your family has suffered and the medical evidence to back them. The malpractice insurance company will respond with an offer. If no settlement is reached, the case will go to trial.

Damages

The damages a plaintiff gets may be either financial (such as medical bills) or non-economic (such as suffering and pain). In a lot of cases juries award both. The amount of damages the victim is awarded will be based on the extent to which the incident has affected their lives and also the evidence of the past and future losses. Certain states limit the amount of non-economic damages that juries can decide to award.

In order to seek compensation the case must prove that the defendant violated their duty of care. This is accomplished by the use of medical documents and expert witness testimony and depositions. Medical experts are people who are knowledgeable in a specific field of medicine. They examine all evidence and are able to testify in court if needed. In birth injury cases, the expert will prove that the defendant's actions are in a way that is not consistent with the standard of care for an expert in medicine who has the same education and experience in the particular case.

Attorneys may also depose any person who has a story that is relevant or who has an exclusive perspective. These are sworn statements which are not in court and permit lawyers to inquire of witnesses directly what happened. Some depositions can be conducted via phone or via video conference however, the majority are held in the courtroom. These meetings can be challenging and stressful but they are essential in establishing a strong argument and obtaining the best compensation for clients.

Statute of limitations

In New York, as in many states, medical negligence claims must be filed within the statute of limitations. Parents have two and two-and-a-half years from the date of an incident or omission that is believed to have led to the injury of their child to bring a lawsuit.

Your attorney will be able to review the medical records of your child to determine whether any obstetricians or nurses and other hospital personnel, were involved in the birth of your son or daughter. The attorney can seek any relevant documents and information that may help determine the reason for your child's injuries.

In order to prove malpractice, your lawyer has to prove that the defendant owed your child a obligation, and then breached it by failing to meet the standard of care in similar circumstances. To prove this, your lawyer will work with medical professionals to compare the actions of the medical professional with accepted practices and procedures.

A lawyer can also help you identify and locate witnesses to testify about your case. These experts 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. Your lawyer can then utilize this evidence to back up your claim for compensation. A successful medical malpractice claim involves two separate legal claims: one for the child who has been injured and one for the parents.

Expert Witnesses

With the right assistance, families can obtain compensation for medical expenses as well as lost earnings due to time off from work or rehabilitative therapies as well as the costs of long-term care. However, the key to winning a birth injury lawsuit is having the best experts available on your side.

They are able to review the evidence and offer a professional opinion as to whether a medical professional acted in breach of their duty of care by performing an act which could have resulted in an infant's injury. They can simplify medical terms for a jury or judge to understand.

The role of an expert witness is to provide unbiased medical evidence that reflects the state of medical knowledge at the time of the event that is in dispute. This means they must not remove relevant information to present a favorable view for either the plaintiff or the defendant.

Experts should also review the relevant medical records and contemporaneous publications with enough depth to allow them to form an informed opinion. In certain cases experts could be required to give an oath in the courtroom. These sessions can be intimidating however they are an essential aspect of making the case. Your attorney can help you prepare for these sessions and make sure that you are treated fairly.