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Birth Injury Litigation

Medical negligence during delivery or labor can lead to serious birth injuries to infants. These injuries can have a long-lasting impact on the infant as well as their family.

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

Compensation

Despite the amazing medical advancements birth is still an unwise procedure. Mothers and babies expect doctors in attendance to behave with professionalism and avoid making mistakes that could have lasting consequences. If your baby suffered an injury due to carelessness of a hospital or doctor You may wish to contact a New York birth injury lawyer to find out what legal recourses you have.

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

Your attorney will collaborate closely with network experts witnesses to determine what happened and the standard of care you should expect. They will review all your medical records and evaluate what the medical staff did during your delivery. This information will help build solid arguments and increase your chances of success.

Before bringing a lawsuit your lawyer will typically attempt to negotiate with the malpractice insurer. This would involve submitting a demand package, which includes a detailed account of your family's losses along with medical evidence that supports the claim. The malpractice company will respond with an offer. If no settlement is reached the case will proceed to trial.

Damages

The damages a plaintiff receives may be economic (such as medical bills) or non-economic (such as suffering and pain). In many cases juries award both. The amount of the damages that a victim is awarded will be determined by the degree to which the accident has impacted their life, and also the evidence of the past and future losses. Certain states restrict the amount of non-economic damages a jury may determine.

To be able seek compensation, you must prove that the defendant has violated their duty of care. This is done by combining medical records, expert testimony, and depositions. Medical experts are individuals with specialized knowledge in a particular area of medicine. They scrutinize every piece of evidence and be called in to testify in court if required. In cases of birth injuries, an expert can help prove that the defendant's actions are against the standard of care expected from medical professionals with the same experience and training under the circumstances of the case.

Attorneys can also depose anyone who has a relevant story or with an unique perspective. These are sworn, non-judgmental statements that allow attorneys to directly question witnesses about what happened. Depositions can be conducted via phone or via video conference but the majority are held in the courtroom. These discussions can be difficult and stressful but are crucial to constructing a convincing case for clients and obtaining the best possible compensation.

Statute of limitations

In most states, New York requires that medical malpractice claims be filed within the statute of limitations. Parents have two and two and a half years from date of an act or omission to cause injury to their child to make a claim.

Your attorney can review the medical records of your child to determine which obstetricians nurses and other hospital personnel might have been involved in your son or daughter's birth. He or she can then seek any relevant documents and data that can help identify the cause of your child's injuries.

In order to prove the misconduct, your lawyer needs to establish that the defendant was owed by your child a obligation, and then breached it in failing to comply with the standards of care in similar circumstances. To prove this, you attorney will collaborate with medical professionals in comparing the actions of the medical professional to accepted practices and procedures.

A lawyer can assist you identify witnesses who can provide testimony in your case. These professionals can provide valuable insight into a doctor's decision making process and what resulted in your child's birth injuries. Your lawyer can then use this evidence to back up your claim for compensation. A successful medical malpractice lawsuit involves two separate legal claims one for the injured child and one for the parents.

Expert Witnesses

Families can seek compensation for medical expenses, lost wages due to the absence of work Rehabilitation treatments and therapies as well as long-term care expenses with the right assistance. The key to winning a birth-injury claim is having the most qualified expert witnesses on your side.

These individuals can review the evidence and give their professional opinion as to whether a medical professional acted in breach of their duty of care by performing an act that could have resulted in an infant's injuries. They can explain difficult medical terms to make them easier for judges or jury to understand.

The objective of an expert witness is to provide an unbiased medical opinion that reflects the current knowledge at the time of the incident. This means they must not exclude any relevant facts to form an opinion that is more favorably disposed to either the plaintiff or the defendant.

Experts should also review the relevant medical records and contemporaneous literature with sufficient thoroughness so that they can form an informed opinion. In certain instances, an expert may be required to provide a sworn statement outside of court. These sessions can be a bit intimidating but they are an essential part of making a case. Your lawyer can help you prepare for these sessions and ensure that you are treated with respect.