Birth Injury Litigation

Medical negligence during the delivery process and labor could result in severe birth injuries to infants. These injuries have a lasting impact on the infant and their family.

A successful lawsuit can aid in the payment of medical expenses now and in the future as well as lost wages and other damages. A successful lawsuit may take years to reach.

Compensation

Despite the incredible medical advances, childbirth is still dangerous procedure. Both mothers and babies expect that doctors act with professionalism and avoid mistakes that could result in long-lasting harm. If your baby suffered an injury caused by the negligent actions of a medical professional or hospital you might want to consult a New York birth injury lawyer to see what legal recourse you have.

A successful claim for birth injury attorneys injuries results in financial compensation. This could include future and current medical expenses, lost earnings, emotional stress and other damages that could be awarded. In certain instances, juries or judges may also award punitive damages in the event of the most egregious of conduct.

Your attorney will work closely with a network expert witnesses to determine what took place and the standard of care you should expect. They will review your records and review the actions of the medical professionals that was present during your birth. This information will help you build an argument that is strong and birth injury increase your chances for success.

Typically your lawyer will attempt to reach a settlement with the malpractice insurer prior to filing a lawsuit. This is done by sending a demand packet, which includes a detailed account of your family's losses as well as the medical evidence that supports them. The malpractice insurer will then make an offer. If there is no settlement the case will go to trial.

Damages

The damages that plaintiffs may be awarded are either economic (such medical bills) or not-economic (such s pain and suffering). In a majority of cases, juries award both. The amount of money a victim will receive is based on how the accident has affected them, and also their past and future losses. Certain states restrict the amount of non-economic damages juries may award.

In order to seek compensation the case must prove that the defendant acted in breach of their duty of care. This is done by the use of medical records and expert witness testimony and depositions. Medical experts are those who have specialized knowledge in a particular field of medicine. They evaluate all evidence in the case and can testify in court if required. In cases involving birth injuries experts will be able to prove that the defendant acted beyond the standards of care expected from medical professionals with the same experience and training in the particular case.

In addition to medical experts, attorneys can also take the depositions of anyone who might have an interesting story or insight. They are sworn statements that are delivered outside of court that permit attorneys to ask witnesses directly what transpired. Depositions can be conducted via phone or by video conference, but the majority are conducted in court. These depositions are often challenging and stressful, but are essential in establishing a strong argument 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 prescribed time of limitations. Parents have two and two and a half years from date of an incident or omission to have caused their child's injury to make a claim.

Your attorney can look over the medical records of your child to determine whether any nurses or doctors, as well as other hospital staff were involved in the birth of your son or daughter. He or she will then ask for any documents and details that relate to the injuries of your child.

Your lawyer must prove malpractice by establishing that the defendant owed the child a duty and violated it by failing to provide the standard of care under similar circumstances. To establish this, your lawyer will work with medical experts in comparing the medical professional's actions with accepted practices and procedures.

A lawyer can also help you find witnesses to testify on your behalf. These professionals can give an important insight into the process used by doctors to make decisions and how a specific error or omission caused the birth injury of your child. This information can be utilized by your lawyer to justify 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 get compensation for medical expenses, lost wages due to absences from work as well as rehabilitation therapies and treatments, and long-term care costs with the right assistance. But the key to successfully winning a birth injury lawsuit is having the most experienced experts to be on your side.

These individuals can review evidence and provide a professional opinion on whether a medical professional violated their duty of care by doing something that could have resulted in injuries to an infant. They can simplify medical terms for juries or judge to comprehend.

An expert witness's role is to provide unbiased medical evidence that reflects the state of medical knowledge at the time of the event that is being investigated. This means they must not ignore relevant information in order to present a favorable perspective for either the plaintiff or the defendant.

Experts must also look over the relevant medical records as well as contemporaneous literature with sufficient depth so that they can form an informed opinion. In some instances experts may be required to give deposition (sworn out-of-court statement). These sessions can be intimidating but they are a necessary part of preparing for a case. Your attorney can prepare you for birth injury these sessions and ensure that you are treated fairly.