Birth Injury Litigation

Medical negligence during delivery and labor could result in severe birth injuries for infants. These injuries can have a long-lasting impact on the infant as well as their family.

A successful lawsuit could help pay for future and present medical expenses, lost wages and other damages. A successful lawsuit may take a long time to complete.

Compensation

Despite the amazing medical advancements however, childbirth remains an extremely risky process. Parents and their babies expect doctors on hand to behave with professionalism and avoid errors that could have lasting consequences. If you believe an institution or doctor is liable for the injury of your baby or harm, you should speak with a New York birth injuries lawyer to determine what legal options you have.

If you're successful with your claim, you will receive financial compensation. This can include future and current medical costs loss of wages, emotional stress and other potential damages. In certain instances juries or judges can also award punitive damages in the event of the most egregious of conduct.

Your attorney will collaborate closely with a network expert witnesses to determine what transpired and the accepted standard of care. They will go through your entire medical record and evaluate the actions of your medical team during your delivery. This will help them build a strong case and increase your chances of success.

Typically, your lawyer will try to reach a settlement agreement with the malpractice company prior to filing a lawsuit. This requires submitting an array of demands that includes a full declaration of the losses suffered by your family as well as the medical evidence to justify them. The malpractice insurance company will make an offer. If there is no settlement, the case will go to trial.

Damages

The damages that a plaintiff receives can be either economic (such as medical bills) or non-economic (such as suffering and pain). In many cases juries award both. The amount of damages the victim is awarded will be based on the extent to which the injury has impacted their life, as well as evidence of their past and future losses. Some states restrict the amount of non-economic damages that a jury may award.

To be able seek compensation, you must prove that the defendant violated their duty of care. This is done by the use of medical documents, expert witness testimony, and depositions. Medical experts are those with specialized knowledge in a particular field of medicine. They examine all evidence in the case and are able to testify at trial if needed. In birth injury cases, the expert will help establish that the defendant's actions are outside of the standard of care for an expert in medicine with the same experience and training under the circumstances of the case.

In addition to medical experts, attorneys can also conduct depositions of any person who has an interesting story or insight. These are sworn declarations made outside of court that allow attorneys to ask witnesses directly what transpired. Depositions can be conducted over the phone or via video conference, but most are conducted in a courtroom. These meetings can be challenging and stressful, but they are important in establishing a strong argument and securing the most favorable compensation for clients.

Statute of Limitations

In New York, as in most states, medical malpractice claims must be filed within a timeframe of. Parents have two and one-half years from date of an incident or omission that is believed to cause injury to their child to file a lawsuit.

Your attorney can look over the medical records of your child to determine which obstetricians, nurses and other hospital staff might have played a role in your son's or daughter's birth. He or she will then request any documents and information relevant to the injury of your child.

In order to prove negligence, your lawyer must prove that the defendant was bound by a obligation and violated that duty by failing to adhere to the standard of care under similar circumstances. To prove this, you attorney will collaborate with medical professionals to compare the actions of the medical professional to accepted practices and procedures.

A lawyer can also help you identify witnesses to testify about your case. These professionals can give an insight into the decision-making process of the doctor birth injury and explain how a particular error or omission caused your child's birth injury. The evidence could be used by your lawyer in support of your claim for compensation. A successful medical malpractice lawsuit involves two distinct legal claims: one for the child who has been injured and one for the parents.

Expert Witnesses

With the right help, families can obtain the compensation they need to pay medical bills and lost income due to absence from work rehabilitation and therapy in addition to the costs of long-term care. The key to winning a birth injury lawyer-injury claim is having the most experienced experts as your witnesses.

They are able to look over evidence and provide a professional opinion on whether a medical professional has violated their duty of care doing something that could have caused injuries to an infant. They can explain complicated medical terms to make them easier for a judge or jury to comprehend.

The role of an expert witness is to offer an objective medical opinion that is based on the current state of knowledge as of the date of the incident. This means they shouldn't exclude relevant information in order to present a favorable perspective for either the plaintiff or the defendant.

Experts should also study the relevant medical records as well as contemporaneous literature with sufficient depth to enable them to form an informed opinion. In some instances, experts may be called to appear in deposition (sworn out-of court statement). These sessions are intimidating however they are a crucial part of preparing for a case. Your attorney can prepare you for these sessions and ensure that you are treated fairly.