Birth 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 child and their family.

A successful lawsuit can help pay for medical costs now and in the future in the future, lost wages, and other damages. However the process of obtaining a lawsuit that is successful can take years to obtain.

Compensation

Despite the remarkable medical advancements yet, childbirth is an extremely risky process. Baby and mother expect doctors in attendance to behave professionally and avoid making mistakes that could result in permanent consequences. If you think an institution or doctor was negligent in causing the injury to your baby then you should contact a New York birth injuries lawyer to determine what legal options you have.

If you are successful in your claim, you will receive financial compensation. This could cover future and current medical expenses loss of wages, emotional stress, and other areas of potential damage. In certain cases, juries or judges may also award punitive damages in the event of the most egregious of conduct.

Your attorney will collaborate with a team of experts witnesses to analyze what happened and establish the standard of care that is accepted. They will look over your medical records and review the actions of the medical team present during your delivery. This information will help them make a convincing 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 will involve submitting a demand package, which includes a detailed account of your family's losses, as well as medical evidence that supports the claims. The malpractice insurer will then make an offer. If a settlement is not reached, the case will go to trial.

Damages

The amount of damages a plaintiff is awarded could be monetary (such as medical bills) or non-economic (such as pain and suffering). In many cases, juries decide to award both. The amount of damages the victim is awarded will be based on the extent to which the incident has impacted their life, and also the evidence of the past and future losses. Certain states limit the amount of non-economic damages that a jury may decide to award.

To be able to claim compensation, you must prove that the defendant breached their duty of care. This is accomplished by the use of medical records, expert witness testimony, and depositions. Medical experts are individuals who have specialized in a particular field of medical practice. They review all evidence in the case and are able to testify at trial, if needed. In cases of birth injuries, the expert will prove that the defendant's actions were beyond the standards of care for a medical professional with similar training and experience in the specific circumstances of the case.

In addition to medical experts, attorneys can also take the depositions of anyone who has an interesting story or insight. These are sworn statements which are not in court and permit attorneys to ask witnesses directly what transpired. Some depositions are conducted over the phone or via video conference, however most are conducted in a courtroom. These meetings can be challenging and stressful but they are vital to build a strong case and obtaining the best possible compensation for clients.

Statute of limitations

In New York, as in most states, medical malpractice claims must be filed within the timeframe of. Parents have two and one-half years from date of the act or omission to have led to the injury of their child to pursue a lawsuit.

Your attorney can look over the medical records of your child to determine which obstetricians nurses and other hospital personnel might have been involved in your daughter or son's birth. They can seek any relevant documents and data that can help determine the reason for your child's injuries.

In order to prove the malpractice, your lawyer has to prove that the defendant was responsible for your child's obligation, and then breached it in failing to comply with the standard of care under similar circumstances. To prove this, your lawyer will collaborate with medical experts to evaluate the medical professional's actions to accepted practices and procedures.

A lawyer can also assist you to identify and locate witnesses who can testify about your case. These experts can provide valuable information about a doctor's decision making process and how a mistake or omission caused the birth injuries of your child. This information can be utilized by your lawyer to support your compensation claim. A successful medical malpractice claim involves two separate legal claims, one for the child who is injured and another for their parents.

Expert Witnesses

Families can seek compensation for medical expenses, lost wages resulting from working hours, rehabilitation treatments and therapies as well as long-term care expenses with the right help. The most important factor to win a birth injury lawyer-injury claim is having the most skilled experts as your witnesses.

They are able to review the evidence and offer a professional opinion as to whether a medical professional acted in breach of their duty of care in carrying out an act that could have resulted in an infant's injury. They can also explain complicated medical terms to make it easier for judges or jury to comprehend.

An expert witness's job is to provide objective medical testimony that reflects the current state of knowledge at the time of the event in question. This means that they should 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 carefully review relevant medical records and current research be able to make an informed judgment. In some cases experts may be required to give a sworn statement outside of court. These sessions can be daunting, but they are an essential element of preparing for a case. Your attorney can assist you prepare for these sessions and make sure that you are treated with respect.