Birth Injury Litigation

Medical inattention during labor and delivery can cause serious birth injury lawyers injuries for infants. These injuries can have a long-lasting impact on the infant and their family.

A successful lawsuit can help pay for medical costs now and in the future along with lost wages and other damages. A successful lawsuit may take years to achieve.

Compensation

Despite amazing medical advances childbirth can be dangerous. Mothers and babies alike expect that doctors act with professionalism and avoid errors that could cause long-lasting damage. If you suspect that the doctor or hospital has been negligent in causing the injury to your baby and/or death, you should consult a New York birth Injury Law firms injuries lawyer to determine the legal options you have.

A successful claim for birth injuries can result in financial compensation. This could cover current and future medical expenses loss of wages, emotional distress, and other potential areas of damage. In certain instances juries or judge may also award punitive damages for egregious conduct.

Your attorney will collaborate with a network of expert witnesses to discover what happened and define the standard of care that is accepted. They will review your records and review the actions of the medical personnel present during your delivery. This will assist them to build a strong case and increase your chances of success.

Typically, your lawyer will try to reach a settlement with the malpractice insurer prior to filing an action. This would involve sending a demand packet, which includes a statement detailing your family's losses along with medical evidence that supports the claim. The malpractice insurer will then make an offer. If no settlement is reached the case will go to trial.

Damages

The damages that a plaintiff can receive can be either financial (such medical bill) or non-economic (such the pain and suffering). In many cases, juries award both. The amount of damages an individual victim receives will be based on the extent to which the incident has affected their lives as well as evidence of the past and future losses. Certain states also have restrictions on the amount a jury can award in non-economic damages.

In order to pursue 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, expert testimony and depositions. Medical experts are those who specialize in a particular field of medicine. They review all evidence in the case and can testify at trial if needed. In birth injury cases, experts will be able to prove that the defendant's actions are in a way that is not consistent with the standard of care expected from an expert in medicine with similar training and experience in the specific circumstances of the case.

In addition to medical experts, attorneys can also interview anyone who has an important story or insight. These are sworn out-of-court statements that allow attorneys to question witnesses directly about what transpired. Some depositions are conducted on the phone or through a video conference, but the majority are held in a courtroom. These meetings can be challenging and stressful however they are crucial in establishing a strong case and securing the highest possible compensation for clients.

Statute of limitations

As in most states, New York requires that medical malpractice claims be filed within the timeframe of limitations. Parents have two and two-and-a-half years from the date of an act or omission believed to cause the injury of their child to file a lawsuit.

Your attorney can look over your child's medical records to determine which obstetricians nurses and other hospital staff could have been involved in your daughter or son's birth. The attorney can request any relevant documents and data that can help identify the cause of the injuries to your child.

Your lawyer must establish the malpractice by establishing that the defendant was bound by a duty to your child and failed to provide the required care under similar circumstances. To prove this, your attorney will work with medical professionals to evaluate the actions of the medical professional with accepted procedures and practices.

An attorney can help you find witnesses who will testify in your case. These experts can provide an important insight into the process used by doctors to make decisions and how a particular mistake or omission contributed to the birth injury to your child. Your lawyer can then utilize the evidence to support your claim for compensation. A successful medical malpractice claim involves two distinct legal claims one for the child who has been injured and one for the parents.

Expert Witnesses

With the right support families can secure the compensation they need to pay medical bills, lost income from time away from work as well as rehabilitative therapies and treatments as well as the costs of long-term health care. But the key to successfully winning a birth injury attorneys injury lawsuit is having the top expert witnesses to be on your side.

They can also review evidence and offer an expert opinion on whether a medical professional acted in violation of their duty to care by performing an act that could have caused the injury of an infant. They can simplify medical terms for a jury or judge to comprehend.

The objective of an expert witness is to provide an unbiased medical opinion that is reflective of the current state of the art as of the date of the event. This means they must not exclude any relevant information to create an opinion that is more favorable to either the plaintiff or the defendant.

Experts should also study the relevant medical records and contemporaneous literature with sufficient depth in order to form a sound opinion. In some cases experts could be asked to give an unassailable statement in the courtroom. These sessions are intimidating, but they are a crucial part of preparing for a trial. Your attorney can prepare you for these sessions and make sure that you are treated with respect.