Birth Injury Litigation

Medical mistakes during labor and delivery can result in serious birth injuries to infants. These injuries have a lasting effect on the child and their family.

A successful lawsuit can assist in paying for medical expenses now and in the future along with lost wages and other damages. However, a successful lawsuit can take years to obtain.

Compensation

Despite remarkable medical advances birth can be a risky. Parents and their babies expect doctors to behave with professionalism and avoid errors that could result in permanent consequences. If your baby was injured caused by the negligence of a hospital or doctor You might want to contact an New York birth injury lawsuits injury lawyer to determine what legal recourse you have.

If you win your claim, you'll be awarded financial compensation. This can include future and present medical costs and lost wages, emotional stress, and many other damages. In certain instances juries or judge may also award punitive damages for unacceptable conduct.

Your attorney will work with a team of experts witnesses to discover what happened and define the standard of care that is accepted. They will review your entire medical record and analyze the actions of your medical team during your birth. This information will help you build strong arguments and increase your chances of success.

Typically your lawyer will attempt to negotiate a settlement with the malpractice company prior to filing an action. This is done by submitting a demand package, which includes a detailed account of your family's losses and the medical evidence that supports the claim. The malpractice insurance company will make an offer. If a settlement isn't reached, the lawsuit will go to trial.

Damages

The damages that plaintiffs can be awarded can be monetary (such a medical bill) or not-economic (such suffering and pain). In many cases juries give both. The amount of compensation a victim will receive will depend on how the injury has affected them, as well as their previous and future losses. Some states limit the amount of non-economic damages a jury may award.

To be able to seek compensation, it must be proven that the defendant breached their duty of care. This is done through a combination of medical records, expert witness testimony, and depositions. Medical experts are individuals who specialize in a specific area of medical practice. They review all evidence in the case and testify at trial if necessary. In cases involving birth injury Lawsuit injuries, an expert can help prove that the defendant acted against the standard of care expected from medical professionals with the same experience and training under the circumstances of the case.

Attorneys will also depose any person who has a story that is relevant or who has an unique perspective. These are sworn declarations made outside of court that permit attorneys to ask witnesses directly what transpired. Some depositions are conducted over the telephone or via videoconference however, the majority are held in court. These conversations can be difficult and stressful, but they are important in establishing a strong case and securing the most favorable compensation for clients.

Statute of limitations

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

Your attorney can look over your child's medical records to determine which doctors, nurses and other hospital staff could have been involved in your son's or daughter's birth. They can seek any relevant documents and other information that could help determine the reason for the injuries to your child.

Your lawyer must establish the malpractice by proving that the defendant owed an obligation to your child and violated it by failing to provide the proper care in similar circumstances. To prove this, your attorney will collaborate with medical experts to evaluate the actions of the medical professional to accepted practices and procedures.

A lawyer can help find witnesses who will be able to testify in your case. These professionals can give an insight into the process used by doctors to make decisions and explain how a particular error or omission caused the birth injury to your child. Your lawyer could then use this evidence to support your claim for compensation. A successful medical malpractice case requires two separate legal claims: one for the child who has been injured and one for parents.

Expert Witnesses

With the right support families can get compensation to cover medical expenses as well as lost earnings due to time away from work, rehabilitative treatments and therapies as well as the cost of long-term care. The most important factor to win the birth-injury lawsuit is having the most qualified expert witnesses on your side.

These individuals can review evidence and provide a professional opinion on the extent to which a medical professional breached their duty of caring by performing an act that could have resulted in the injury of an infant. They can also explain complex medical terms to make them easier for a judge or jury to understand.

The job of an expert witness is to provide impartial medical evidence that reflects the current state of knowledge at the time of the incident relevant to the case. This means that they cannot remove relevant information to provide a more favorable opinion for the plaintiff or the defendant.

Experts must also read relevant medical records and contemporary literature to to form an informed opinion. In certain cases experts may be required to give deposition (sworn out-of court statement). These sessions can be intimidating however they are a necessary part of preparing for a trial. Your attorney can assist you prepare for these sessions and make sure that you are treated with respect.