birth injury lawyers Injury Litigation

Medical negligence during labor and birth can result in serious birth injuries to infants. These injuries can have a lasting impact on the infant and their family.

A successful lawsuit can be used to pay for current and future medical costs as well as lost wages, and other losses. A successful lawsuit could take years to achieve.

Compensation

Despite the amazing medical advancements yet, childbirth is an extremely risky process. Both babies and mothers expect that doctors act with professionalism and avoid mistakes which could have lasting consequences. If you suspect that the doctor or hospital has been negligent in causing the injury of your baby then you should contact a New York birth injuries lawyer to determine the legal options you have.

If you're successful with your claim, you'll receive financial compensation. This could include future and present medical costs loss of earnings, emotional stress and birth injuries a variety of other damages. In some instances juries or judges can also award punitive damages for unjust conduct.

Your attorney will collaborate closely with a network of expert witnesses to determine what happened and the accepted standard of treatment. They will look over your medical records and analyze the actions of the medical team who were present during your delivery. This information will help them build a strong case to increase your chances of success.

Typically your lawyer will attempt to negotiate a settlement with the malpractice insurance company prior to filing an action. This will require you to submit an agenda of demands which will include a thorough account of the losses your family has suffered and medical evidence that supports them. The malpractice carrier will then respond with an offer. If no settlement is reached, the case will go to trial.

Damages

The amount of damages a plaintiff is awarded may be economic (such as medical bills) or non-economic (such as pain and suffering). In many cases juries decide to award both. The amount of damages an individual victim will be awarded is based on how the accident has affected them as well as their previous and future losses. Certain states also impose limitations on the amount a jury can award in non-economic damages.

To be able seek compensation, you must show that the defendant breached their duty to care. This is done by combining medical records, expert testimony, and depositions. Medical experts are individuals who have been trained in a certain area of medical practice. They evaluate every piece of evidence and be able to testify in court, if needed. In birth injury cases, the expert will help establish that the defendant acted against the standard of care for an expert in medicine with similar training and experience under the circumstances of the case.

In addition to medical experts, attorneys will also conduct depositions of any person who might have a relevant story or insight. These are sworn statements delivered outside of court that allow attorneys to ask witnesses directly what transpired. Depositions can be conducted over the phone or via video conference however, the majority are held in court. These depositions are often challenging and stressful but are crucial to establishing a strong case for clients and obtaining the maximum possible amount of compensation.

Statute of Limitations

Like most states, New York requires that medical malpractice claims be filed within the prescribed time of limitations. Parents have a maximum of two and a half years to file a lawsuit following the date of a wrongdoing, omission, or omission that they believe caused their child's injuries.

Your attorney can review the medical records of your child to determine which obstetricians, nurses, and other hospital staff could have been involved in your son or daughter's birth. He or she can then request any relevant documents and data that can aid in determining the cause of the injuries to your child.

In order to prove malpractice, your lawyer must establish that the defendant was bound by a obligation and violated that duty in failing to comply with the standard of care in similar circumstances. To prove this, your lawyer will work with medical professionals to analyze the actions of the medical professional to accepted procedures and practices.

A lawyer can help you locate witnesses to provide testimony in your case. They can provide valuable information about the decision-making process of a doctor and what resulted in your child's birth injuries. Your lawyer will then be able to use this evidence to prove your claim for compensation. A successful medical malpractice case requires two distinct legal claims: one for the child who was injured and one for the parents.

Expert Witnesses

With the right assistance families can get the compensation they need to pay medical bills and lost income due to time off from work, rehabilitative treatments and therapies and the cost of long-term medical care. The key to winning a birth-injury case is having the most qualified experts on your side.

They can also review the evidence and provide an expert opinion on whether a medical professional has violated their duty of care doing something that could have caused an infant's injury. They can simplify medical terms for juries or judge to understand.

The role of an expert witness is to give an impartial medical opinion that reflects the current knowledge as of the date of the incident. This means that they cannot remove relevant information to create a more favorable opinion for the plaintiff or the defendant.

Experts should also thoroughly review relevant medical records and current literature to be able to make an informed judgment. In some cases, experts may be called to appear in deposition (sworn out-of-court declaration). These meetings can be stressful, but they are a crucial part of preparing for a case. Your attorney can help you prepare for these sessions and make sure that you are treated fairly.