Birth Injury Litigation

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

A successful lawsuit could help pay for current and future medical costs, lost wages and other damages. A successful lawsuit may require years to obtain.

Compensation

Despite the remarkable medical advancements however, childbirth remains an unwise procedure. Both babies and mothers expect that doctors act in a professional manner and avoid blunders which could have lasting consequences. If you believe a doctor or hospital was negligent in causing the injuries to your baby and/or death, you should consult a New York birth injuries lawyer to determine what legal options you have.

A successful claim for birth injuries can result in financial compensation. This can include future and ongoing medical costs loss of wages, birth injury lawsuits emotional stress, and other damages that could be awarded. In certain cases, juries and judges may also award punitive damage for an act of adversity.

Your attorney will work with a team of experts witnesses to determine what occurred and establish the accepted standard of care. They will review your entire medical record and analyze what the medical professionals did during your delivery. This information will help them create a strong case and maximize your chances of success.

Typically, your lawyer will try to reach a settlement agreement with the malpractice carrier before filing an action. This will involve the submission of a demand document, that includes a report detailing your family's losses and the medical evidence to support the claim. The malpractice company will respond with an offer. If no settlement is reached, the case will go to trial.

Damages

The damages a plaintiff receives could be monetary (such as medical bills) or non-economic (such as suffering and pain). In many cases juries award both. The amount of money an individual victim will be awarded is based on how their accident has affected them and also their past and future losses. Some states limit the amount of non-economic damages that a jury may decide to award.

To be able to seek compensation, it must be proven that the defendant violated their duty of care. This is accomplished by the use of medical documents, expert witness testimony, and depositions. Medical experts are those who have specialized in a specific area of medicine. They examine all evidence in the case and can testify in court if required. In cases of birth injury lawyer injuries, an expert can help prove that the defendant's actions are outside of the standard of care expected from an expert in medicine who has the same education and experience in the case's circumstances.

In addition to medical experts, attorneys will be able to depose anyone who has an important story or insight. These are sworn declarations which are not in court and permit lawyers to inquire of witnesses directly what happened. Some depositions are conducted on the phone or through a video conference, but most are conducted in a courtroom. These discussions can be stressful and stressful but they are vital in establishing a strong case and obtaining the best compensation for clients.

Statute of Limitations

Like most states, New York requires that medical malpractice claims be filed within the statute of limitations. Parents have two and two-and-a-half years from the date of the act, omission or failure believed to have led to the injury of their child to make a claim.

Your attorney may review the medical records of your child to determine if any obstetricians or nurses, as well as other hospital personnel were involved in the birth of your daughter or son. He or she will then request any documents or information related to the injury of your child.

In order to prove malpractice, your lawyer has to 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 demonstrate this, your attorney will collaborate with medical experts to compare the medical professional's actions with accepted practices and procedures.

A lawyer can help identify witnesses who can be available to testify in your case. They can provide valuable information about the decision-making process of a doctor and the way in which an error or omission caused the birth injury attorneys injury of your child. Your lawyer can then utilize this evidence to support your claim for compensation. A successful medical malpractice claim involves two separate legal claims one for the injured child and one for parents.

Expert Witnesses

With the right support families can receive the compensation they need to pay medical bills as well as lost earnings due to working hours taken off as well as rehabilitative therapies and treatments and the costs of long-term care. The key to winning a birth-injury claim is having the most skilled experts on your side.

They can look over the evidence and offer a professional opinion about whether a medical professional acted in breach of their duty of care in carrying out an act which could have resulted in an infant's injuries. They can simplify medical terms for juries or judge to comprehend.

The role of an expert witness is to give an impartial medical opinion that is based on the current state of knowledge as of the date of the incident. This means they must not exclude any relevant facts to form an opinion that is more favorably disposed to either the plaintiff or the defendant.

Experts should also carefully review relevant medical records and contemporary literature to in making an informed judgement. In certain instances, an expert may be required to provide a sworn statement outside of the courtroom. These sessions can be intimidating but are an important part of the preparation of a case. Your lawyer can help you prepare for these sessions and ensure that you are treated fairly.