Birth Injury Litigation

Medical negligence during delivery or labor can lead to serious birth injuries to infants. These injuries leave a lasting impact on the child as well as their family.

A successful lawsuit may help with medical costs now and in the future in the future, lost wages, and other damages. A successful lawsuit may require years to obtain.

Compensation

Despite the amazing medical advancements yet, childbirth is an extremely risky process. Parents and their babies expect doctors on hand to behave professionally and avoid errors which could have long-lasting consequences. If you believe that the hospital or doctor is liable for your baby's injury then you should contact a New York birth injuries lawyer to determine what legal options you have.

A successful claim for birth injuries will result in financial compensation. This could include future and current medical expenses and lost earnings, emotional stress and other potential damages. In some instances juries and judge may also award punitive damage for the most egregious of conduct.

Your attorney will work with a team of experts witnesses to discover what happened and establish the accepted standard of care. They will go through all of your records and birth injury Lawsuit analyze the actions of your medical team during your delivery. This information will help them create a strong case and maximize your chances of success.

Before bringing a lawsuit, your lawyer will generally try to bargain with the malpractice insurance company. This will mean submitting an itemized list of demands that includes a comprehensive account of the losses your family has suffered as well as the medical evidence to back them. The malpractice insurer will respond with an offer. If there is no settlement the case will proceed 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 a lot of cases, juries award both. The amount of damages a victim will receive is determined by how the accident has affected them, as well as their previous and future losses. Certain states also have limits on how much 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 accomplished by a combination of medical documents as well as expert witness testimony and depositions. Medical experts are individuals who have been trained in a particular field of medicine. They review all evidence in the case and are able to testify at trial if necessary. In birth injury lawsuits injury cases, the expert will prove that the defendant acted outside of the standard of care expected from a medical professional with similar training and experience under the circumstances of the case.

Attorneys will also depose anyone who has a relevant story or with an exclusive perspective. These are sworn, out-of-court statements that allow attorneys to question witnesses directly about what happened. Some depositions are conducted via telephone or via videoconference but the majority are held in court. These depositions are often challenging and stressful but are crucial to building a strong case for clients and to securing the highest possible compensation.

Statute of limitations

In New York, as in many states, medical negligence claims must be filed within a statute of limitations. Parents have a maximum of two and a quarter years to file a lawsuit following the date of a wrongful act, omission, or failure that they believe caused their child's injuries.

Your attorney can review the medical records of your child to determine whether any nurses or doctors as well as other hospital personnel, were involved in the birth of your son or daughter. He or she will then ask for any documents and information that pertains to the injuries of your child.

Your lawyer has to prove the case of malpractice by proving that the defendant owed obligations to your child and violated it by failing to provide 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 with accepted procedures and practices.

A lawyer can help you find witnesses who will provide testimony in your case. These experts can provide an insight into the doctor's decision-making process and how a particular mistake or omission led to the birth injury suffered by your child. Your lawyer will then be able to use this evidence to back up your claim for compensation. A successful medical malpractice case involves two separate legal claims: one for the child who was injured and one for parents.

Expert Witnesses

With the right assistance families can secure the compensation they need to pay medical bills as well as lost earnings due to absence from work or rehabilitative therapies in addition to the costs of long-term care. However, the key to winning a birth injury lawsuit is having the top expert witnesses possible for your case.

They can look over the evidence and offer a professional opinion as to whether a medical professional breached their duty of care when they performed an act which could have resulted in an infant's injury. They can simplify medical terms for juries or judge to understand.

The expert witness's role is to provide an unbiased medical opinion that is reflective of the current state of knowledge as of the date of the incident. This means they must not omit any relevant information in order to form an opinion that is more favorable to either the plaintiff or the defendant.

Experts should also examine the relevant medical records as well as contemporaneous literature with sufficient thoroughness to enable them to form an informed opinion. In some instances experts may be required to give an oath outside of the courtroom. These sessions can be intimidating but they are a necessary part of preparing for a trial. Your attorney can help you prepare for these sessions and make sure that you are treated fairly.