Birth Injury Litigation

Medical negligence during delivery and labor can result in serious birth injuries to infants. These injuries leave a lasting effect on the child and their family.

A successful lawsuit can be used to pay for future and ongoing medical expenses as well as lost wages, and other damages. A successful lawsuit can take years to achieve.

Compensation

Despite the remarkable medical advancements yet, childbirth is an unwise procedure. Babies and mothers alike hope that doctors act in a professional manner and avoid blunders which could have lasting consequences. If your baby was injured that was caused by negligence of a doctor or hospital you might want to contact a New York birth injury lawyer to find out what legal options you have.

If you're successful with your claim, you will be awarded financial compensation. This can include future and current medical expenses, lost wages, emotional stress, and Birth Injury Lawyer many other damages. In some cases, juries and judges may also award punitive damages for egregious behavior.

Your attorney will work with a team of experts witnesses to understand what happened and define the accepted standard of care. They will review all of your records and review what the medical staff did during your delivery. This will assist them to create a strong case and increase your chances of success.

Typically your lawyer will attempt to reach a settlement agreement with the malpractice company prior to filing a lawsuit. This is done by sending a demand packet, that includes a report detailing your family's losses, as well as medical evidence to support the claim. The malpractice insurance company will make an offer. If a settlement isn't reached, the case will proceed to trial.

Damages

The damages that the plaintiff could be awarded are either economic (such medical bill) or non-economic (such pain and suffering). In many cases juries award both. The amount of the damages a victim receives will be based on the extent to which the incident has affected their lives as well as evidence of their past and future losses. Certain states limit the amount of non-economic damages that a jury may decide to award.

To pursue compensation, it must be proven that the defendant did not fulfill their duty of care. This is accomplished by mixing medical evidence, expert testimony and depositions. Medical experts are individuals who have specialized in a particular field of medicine. They evaluate all evidence and are able to be able to testify in court, if needed. In cases of birth injury lawsuits injuries, the expert will determine if the defendant's actions were outside the standards of care expected of an medical professional with similar experience and training.

Attorneys will also depose any person who has a story that is relevant or who has an unique perspective. These are sworn statements delivered outside of court that allow attorneys to ask witnesses directly what transpired. Some depositions are conducted via the phone or via video conferences, but the majority are conducted in a courtroom. These discussions can be difficult and stressful, yet they are essential to constructing a convincing case for clients and obtaining the highest possible compensation.

Statute of limitations

In New York, as in most states, medical malpractice claims must be filed within the time frame of a statute of limitations. Parents have two and a half years from the date of an incident or omission to cause the injury of their child to bring a lawsuit.

Your attorney will be able to review the medical records of your child to determine whether any nurses or obstetricians as well as other hospital staff, were involved in the birth of your son or daughter. They can seek any relevant documents and information that could help determine the reason for your child's injuries.

When proving negligence, your lawyer must establish that the defendant owed your child a obligation and violated that duty in failing to comply with the standards of care in similar circumstances. To prove this, you attorney will work with medical professionals to compare the actions of the medical professional to accepted practices and procedures.

A lawyer can also help you identify witnesses and find them to testify on your behalf. They can provide an important insight into the process used by doctors to make decisions and how a specific mistake or omission caused the birth injury to 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 child injured and one for the parents.

Expert Witnesses

Families can receive compensation for medical expenses, lost wages resulting from the absence of work as well as rehabilitation therapies and Birth Injury Lawyer treatments as well as costs for long-term health care with the right assistance. However, the key to winning a birth injury case is having the most experienced expert witnesses possible for your case.

These individuals can review the evidence and provide an expert opinion on the extent to which a medical professional breached their duty of care by doing something which could have caused the injury of an infant. They can explain complicated medical terms to make them easier for judges or jury to comprehend.

The expert witness's job is to give an impartial medical opinion that is based on the current knowledge as of the date of the incident. This means they must not eliminate relevant information to present a favorable view for either the plaintiff or the defendant.

Experts should also carefully review relevant medical records and current literature to enable them be able to make an informed judgment. In some cases, experts may be called to appear in a deposition (sworn out-of-court declaration). These sessions can be intimidating however they are a crucial part of preparing for a case. Your lawyer can help you prepare for these sessions and ensure that you are treated with respect.