Birth Injury Litigation

Medical mistakes during labor and delivery can result in severe birth injuries to infants. These injuries can have a lasting impact on the child and their family.

A successful lawsuit can help pay for current and future medical costs as well as lost wages and other damages. A successful lawsuit could take years to achieve.

Compensation

Despite incredible medical advances birth can be a risky. Babies and mothers alike hope that doctors will act professionally and avoid making mistakes that could result in long-lasting harm. If you believe the hospital or doctor has been negligent in causing the injury to your baby then you should contact a New York Birth injury law firms injuries lawyer to determine the legal options you have.

If you are successful in your claim, you'll receive financial compensation. This can cover future and current medical expenses loss of wages, emotional distress, and other potential areas of damage. In some cases juries or judge may also award punitive damages for the most egregious of conduct.

Your attorney will work closely with network experts witnesses to determine what happened and the standard of care that is accepted. They will go through all of your medical records and analyze what the medical staff did during your delivery. This will assist them to make a convincing case and increase your chances of success.

Before filing a lawsuit, your lawyer is likely to attempt to talk to the malpractice insurance company. This will involve making a demand package which will include a written statement of your family's losses, as well as medical evidence that supports the claims. The malpractice insurer will respond with an offer. If there is no settlement, the case will go to trial.

Damages

The damages a plaintiff receives could be monetary (such as medical bills) or non-economic (such as pain and suffering). In a lot of cases, juries give both. The amount of damages the victim is awarded will be determined by the extent to which the injury has affected their lives, and also the evidence of their past and future losses. Some states restrict the amount of non-economic damages that juries may decide to award.

To be able to claim compensation, you must show that the defendant violated their duty to care. This is accomplished by the use of medical records as well as expert witness testimony and depositions. Medical experts are people who specialize in a certain area of medicine. They examine every piece of evidence and testify in court if needed. In cases of birth injuries, the expert will determine if the defendant's actions fell outside the guidelines of a medical professional of similar experience and training.

Attorneys may also depose anyone with a relevant story or has an unique perspective. These are sworn declarations which are not in court and allow attorneys to ask witnesses directly what happened. Some depositions are conducted via phone or by video conference however, the majority are conducted in court. These depositions are often challenging and stressful but are crucial in establishing a strong argument for clients and to securing the highest possible compensation.

Statute of Limitations

In most states, New York requires that medical malpractice claims be filed within the prescribed time of limitations. Parents have two and one-half years from date of an act or omission to cause the injury of their child to make a claim.

Your attorney may review your child's medical records to determine which obstetricians, nurses and other hospital personnel might have played a role in your daughter or son's birth. He or she will then request any documents or information related to the injury of your child.

Your lawyer has to prove the case of malpractice by proving that the defendant was bound by obligations to your child and failed to provide the required care in similar circumstances. To demonstrate this, your attorney will work with medical experts to evaluate the actions of a medical professional with accepted practices and procedures.

A lawyer can also help you identify and locate witnesses who can testify about your case. They can provide valuable insight into a doctor's decision making process and the way in which an error or omission caused your child's birth injury attorney injuries. This evidence can be utilized by your lawyer to prove your claim for compensation. A successful medical malpractice lawsuit involves two distinct legal claims: one for the child who has been injured and one for parents.

Expert Witnesses

With the right assistance families can get compensation for medical expenses, lost income from working hours taken off as well as rehabilitative therapies and treatments and the cost of long-term medical care. The key to winning a birth injury lawsuit is having the top expert witnesses for your case.

They will review the evidence and provide their professional opinion on 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 simplify medical terms for juries or judge to comprehend.

An expert witness's role is to provide unbiased medical testimony that is based on the current state of knowledge at the time of the incident that is being investigated. This means that they should not exclude any relevant facts to form a view that is more favorably disposed to either the plaintiff or the defendant.

Experts should also carefully review relevant medical records and current literature to enable them in making an informed judgement. In certain cases experts may be asked to give a sworn statement outside of the courtroom. These sessions can be a bit intimidating but they are an essential part of making an argument. Your lawyer can help you prepare for these sessions and make sure that you are treated with respect.