Birth Injury Litigation

Medical negligence during delivery or labor can lead to severe birth injury lawsuit injuries for infants. These injuries can have a long-lasting impact on the infant and their family.

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

Compensation

Despite remarkable medical advances birth can be a risky. Baby and mother expect doctors in attendance to act with professionalism and avoid errors that could have lasting consequences. If you think an institution or doctor has been negligent in causing your baby's injury or harm, you should speak with 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 can cover the medical costs of the present and future, lost wages, emotional stress, and other areas of damage. In some instances juries and judges can also award punitive damages in the event of the most egregious of conduct.

Your attorney will collaborate in conjunction with a network of experts witnesses to determine what occurred and establish the accepted standard of care. They will look over your medical records and evaluate the actions of the medical staff who were present during your delivery. This will assist them to make a convincing case and maximize your chances of success.

Typically, your lawyer will try to negotiate a settlement with the malpractice company prior to filing a lawsuit. This will require you to submit an array of demands which will include a thorough description of your family's losses as well as the medical evidence to back the claims. The malpractice carrier will then respond with an offer. If no settlement is reached the case will proceed to trial.

Damages

The damages a plaintiff receives may be either financial (such as medical bills) or non-economic (such as suffering and pain). In many cases the jury awards both. The amount of damages the victim is awarded will be determined by the extent to which the incident has affected their lives as well as evidence of their past and future losses. Certain states also have limits on how much an individual jury can award in non-economic damages.

To be able to seek compensation, it must be proven that the defendant breached their duty of care. This is done through the use of medical records as well as expert witness testimony and depositions. Medical experts are those who are knowledgeable in a specific field of medical practice. They examine all evidence and can appear in court if they are required. In cases involving birth injuries, an expert can help prove that the defendant's actions fall against the standard of care expected from a medical professional with the same experience and training in the particular case.

In addition to medical experts, attorneys also conduct depositions of any person who may have an interesting story or insight. These are sworn, non-judgmental statements that allow attorneys to directly question witnesses about what transpired. Some depositions are conducted over the phone or via video conference, but the majority are held in a courtroom. These meetings can be challenging and stressful but they are essential in establishing a strong case and obtaining the best possible compensation for clients.

Statute of limitations

In New York, as in many states, medical negligence claims must be filed within a statute of limitations. Parents have two and Birth Injury Lawsuit two-and-a-half years from the date of an incident, omission or failure believed to have led to the injury of their child to file a lawsuit.

Attorneys can look through your child's medical records to determine which obstetricians, nurses and other hospital staff might have been involved in your daughter or son's Birth Injury Lawsuit. They will request any documents or information relevant to the injury of your child.

In order to prove the negligence, your lawyer must establish that the defendant was bound by a obligation, and then breached it by failing to adhere to the standards of care required in similar circumstances. To prove this, your attorney will collaborate with medical experts in comparing the medical professional's actions to accepted practices and procedures.

A lawyer can help you identify witnesses who can be able to testify in your case. These professionals can provide valuable insight into the process used by doctors to make decisions and how a mistake or omission resulted in your child's birth injuries. Your lawyer will then be able to use the evidence to support your claim for compensation. A successful medical malpractice claim involves two distinct legal claims one for the child who was injured and one for parents.

Expert Witnesses

With the right support families can receive compensation that covers medical bills and lost income due to time away from work rehabilitation and therapy, as well as the costs of long-term care. But the key to successfully winning a birth injury case is having the best experts to be on your side.

They are able to review the evidence and offer a professional opinion as to whether a medical professional has violated their duty of care when they performed an action that could have caused an infant's injury. They can explain complicated medical terms to make them easier for judges or jury to understand.

An expert witness's job is to provide objective medical testimony that reflects the state of medical knowledge at the time of the event that is being investigated. This means they shouldn't remove relevant information to provide a more favorable view for either the plaintiff or the defendant.

Experts should also examine the relevant medical records as well as contemporaneous research with sufficient detail so that they can form an informed opinion. In some instances experts may be required to provide an oath in court. These sessions can be intimidating but they are a crucial part of preparing for a trial. Your lawyer can help you prepare for these sessions and ensure that you are treated with respect.