Birth Injury Litigation

Medical negligence during labor and delivery can result in severe birth injuries to infants. These injuries can have a lasting impact on the child as well as their family.

A successful lawsuit can be used to pay for future and current medical costs, lost wages, and other losses. A successful lawsuit could take years to achieve.

Compensation

Despite the amazing medical advancements yet, childbirth is a risky procedure. Mothers and babies expect doctors in attendance to behave professionally and avoid making mistakes that could result in permanent consequences. If your baby suffered an injury caused by the negligence of a medical professional or hospital you might want to consult an New York birth injury lawyer to determine what legal recourses you have.

A successful claim for birth injuries results in financial compensation. This could include future and ongoing medical costs, lost wages, emotional stress and other potential damages. In certain cases juries and judges can also award punitive damages for unacceptable behavior.

Your attorney will work with a team of experts witnesses to understand what happened and establish the standard of care that is accepted. They will go through all of your medical records and evaluate the actions taken by medical personnel during your delivery. This will help them create a strong case and maximize your chances of success.

Typically, your lawyer will try to negotiate a settlement with the malpractice insurance company prior to filing a lawsuit. This will require you to submit a package of demands, that includes a full declaration of the losses suffered by your family and medical evidence to justify them. The malpractice insurer will respond with an offer. If no settlement is reached the case will proceed to trial.

Damages

The damages a plaintiff receives could be monetary (such as medical bills) or non-economic (such as suffering and pain). In a majority of cases, juries give both. The amount of damages that the victim is awarded is based on how their injury has affected them, and also their past and future losses. Certain states also have limitations on the amount an individual jury can award in non-economic damages.

In order to be eligible for compensation, you must prove that the defendant did not fulfill their duty of caring. This is accomplished through a combination of medical documents and expert witness testimony and depositions. Medical experts are those who are experts in a particular area of medicine. They review all evidence and can be called in to testify in court if required. In birth injury cases the expert will establish that the defendant's actions were outside the standards of care expected of medical professionals with similar experience and training.

In addition to medical experts, attorneys will be able to depose anyone who has a relevant story or insight. These are sworn, non-judgmental statements that permit attorneys to question witnesses directly about what transpired. Some depositions are conducted via the phone or through a video conference, but most are conducted in the courtroom. These conversations are often difficult and stressful, yet they are essential to building a strong case for clients and obtaining the highest possible amount of compensation.

Statute of limitations

Like most states, New York requires that medical malpractice claims be filed within a specified time of limitations. Parents have up to two and a quarter years to file a lawsuit following the date of a mistake, omission or inaction that they believe caused their child's injuries.

Your attorney can review your child's medical records to determine which obstetricians, nurses, and other hospital staff might have been involved in your son or daughter's birth. The attorney can seek any relevant documents and data that can aid in determining the cause of the injuries to your child.

If you want to prove that there was a negligence, your lawyer must establish that the defendant was owed by your child a duty and breached this duty by failing to uphold the standards of care required in similar circumstances. To prove this, your attorney will collaborate with medical experts to evaluate the medical professional's actions to accepted practices and procedures.

An attorney can help you find witnesses who will testify in 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 the birth injury lawyers injury to your child. The evidence could be utilized by your lawyer to prove your compensation claim. A successful medical malpractice case involves two distinct legal claims one for the child who has been injured and one for parents.

Expert Witnesses

With the right assistance, families can obtain compensation to cover medical expenses, lost income from time off from work, rehabilitative treatments and therapies, as well as the cost of long-term medical care. But the most important thing to winning a birth injury lawyers injury case is having the top expert witnesses to be on your side.

These individuals are able to review evidence and give their professional opinion on the extent to which a medical professional breached their duty of caring by performing an act which could have caused the injury of an infant. They can explain complicated medical terms to make them easier for judges or jury to understand.

The job of an expert witness is to provide 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 remove relevant information to give a more favorable impression for either the plaintiff or the defendant.

Experts must also read relevant medical records and contemporary research in making an informed judgement. In certain cases, an expert may be required to make an oath outside of court. These meetings can be stressful however they are an essential element of preparing for a case. Your attorney can help you prepare for these sessions and ensure that you are treated with respect.