Birth Injury Litigation

Medical negligence during labor and delivery can cause severe birth injuries to infants. These injuries leave a lasting impact on the child and their family.

A successful lawsuit may assist in paying for medical expenses now and in the future as well as lost wages and other damages. However it can take years to obtain.

Compensation

Despite the amazing medical advancements, childbirth is still an unwise procedure. Mothers and babies alike expect that doctors behave professionally and avoid blunders that could result in long-lasting harm. If your baby suffered an injury caused by the carelessness of a doctor or hospital, you may want to consult an New York birth injury lawyer to determine the legal recourses you have.

If you're successful with your claim, you'll be awarded financial compensation. This could cover the medical costs of the present and future, lost wages, emotional distress and other areas of damage. In some cases juries or judge may also award punitive damages for egregious conduct.

Your attorney will work with a team of experts witnesses to discover what happened and establish the accepted standard of care. They will go through all of your medical records and review the actions taken by medical personnel during your birth. This information will help you build solid arguments and increase your chances for success.

Before bringing a lawsuit, your lawyer will generally try to negotiate with the malpractice insurer. This will mean submitting an array of demands which will include a thorough account of the losses your family has suffered and the medical evidence to support the claims. The malpractice insurer will respond with an offer. If no settlement is reached, the case will proceed to trial.

Damages

The damages that a plaintiff receives may be economic (such as medical bills) or non-economic (such as pain and suffering). In a majority of cases the jury awards both. The amount of the damages the victim is awarded will be determined by the extent to which the injury has affected their lives, as well as evidence of their past and future losses. Some states limit the amount of non-economic damages juries may award.

In order to pursue compensation, it must be proven that the defendant acted in breach of their duty of care. This is done by a combination of medical documents as well as expert witness testimony and depositions. Medical experts are individuals who are knowledgeable in a specific area of medicine. They scrutinize all evidence and may be called in to testify in court if required. In cases of birth injuries, the expert will help establish that the defendant's actions were in a way that is not consistent with the standard of care for an expert in medicine with the same experience and training in the particular case.

Attorneys can also question anyone with a relevant story, or who has an unusual perspective. They are sworn, outside-of-court statements that allow attorneys to directly question witnesses about what happened. Some depositions are conducted via phone or by video conference, but the majority are held in court. These meetings can be challenging and stressful but they are essential in establishing a strong case and securing the highest possible compensation for clients.

Statute of limitations

Like many states, birth injury lawyer 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 suit following the date of a mistake, omission or birth injury lawyer omission they believe caused their child's injuries.

Your attorney may review the medical records of your child to determine if any obstetricians or nurses along with other hospital personnel were involved in the birth of your son or daughter. They can request any relevant documents and information that could help determine the reason for your child's injuries.

When proving negligence, your lawyer must prove that the defendant owed your child a obligation and violated that duty by failing to uphold the standard of care under similar circumstances. To prove this, your lawyer will collaborate with medical experts to evaluate the actions of the medical professional to accepted practices and procedures.

A lawyer can also assist you to identify witnesses and find them who can testify about your case. They can provide an important insight into the process used by doctors to make decisions and explain how a particular error or omission could have led to the birth injury of your child. This information can be utilized by your lawyer to support your claim for compensation. A successful medical malpractice case involves two separate legal claims, one for the child who is injured and the other for their parents.

Expert Witnesses

Families can be compensated for medical expenses, lost wages resulting from the absence of work, rehabilitation treatments and therapies as well as costs for long-term health care with the right assistance. But the most important thing to winning a birth injury law firm injury lawsuit is having the top expert witnesses possible to be on your side.

They are able to review the evidence and provide a professional opinion on whether a medical professional violated their duty of care by performing an act that could have caused the injuries of an infant. They can explain complicated medical terms to make them easier for a judge or jury to understand.

The expert witness's job is to provide an unbiased medical opinion that is based on the current knowledge at the time of the incident. This means that they cannot eliminate relevant information to present a favorable perspective for either the plaintiff or defendant.

Experts should also study relevant medical records and recent literature to enable them to form an informed opinion. In some cases experts could be asked to give deposition (sworn out-of-court declaration). These sessions are intimidating, but they are a necessary part of preparing for a case. Your attorney can help you prepare for these sessions and make sure that you are treated with respect.