Birth Injury Litigation

Medical negligence during labor and birth can cause serious birth injuries for infants. These injuries can have a lasting impact on the child as well as their family.

A successful lawsuit may aid in the payment of medical expenses now and in the future along with lost wages and other damages. A successful lawsuit could require years to obtain.

Compensation

Despite the remarkable medical advancements however, childbirth remains a risky procedure. Mothers and babies alike expect that doctors will act professionally and avoid mistakes that could cause long-lasting damage. If your baby suffered an injury caused by the negligent actions of a doctor or hospital you might want to consult a New York birth injury lawyer to determine the legal recourse you have.

A successful claim for birth injuries results in financial compensation. This can include current and future medical costs, lost earnings, emotional stress and other potential damages. In some cases juries and judge may also award punitive damage for egregious behavior.

Your attorney will work with a group of expert witnesses to discover what happened and define the standard of care that is accepted. They will review all your medical records and review what the medical staff did during your delivery. This will help them build a strong case and maximize your chances of success.

Typically your lawyer will attempt to reach a settlement with the malpractice company prior to filing a lawsuit. This involves sending a demand packet, that includes a report detailing your family's losses and the medical evidence that supports the claims. The malpractice insurance company will make an offer. If there is no settlement, the case will go to trial.

Damages

The damages plaintiffs can be awarded can be either financial (such a medical bill) or non-economic (such the suffering and pain). In many cases, juries award both. The amount of money a victim will receive is determined by how the accident has affected them and also their past and future losses. Certain states limit the amount of non-economic damages a jury may determine.

To be able to seek compensation to recover compensation, it must be proved that the defendant violated their duty of care. This is done by a combination of medical documents, expert witness testimony, and depositions. Medical experts are individuals with specialized knowledge in a particular area of medicine. They review all evidence and are able to appear in court if they are required. In birth injury cases, the expert will help establish the defendant's actions are not in the guidelines of an medical professional with similar experience and training.

Attorneys may also depose anyone who has a relevant story or with an unusual perspective. They are sworn statements that are which are not in court and permit attorneys to inquire about witnesses directly what happened. Some depositions are conducted on the phone or via video conference, but most are held in a courtroom. These depositions can be difficult and stressful however they are crucial in establishing 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 statute of limitations window. Parents have two and two and a half years from date of the act or omission believed to have caused their child's injury to bring a lawsuit.

Your attorney may review the medical records of your child to determine which obstetricians nurses and other hospital staff might have been involved in your son or daughter's birth. The attorney can seek any relevant documents and data that can aid in determining the cause of your child's injuries.

When proving negligence, your lawyer must prove that the defendant was owed by your child a obligation and then violated this obligation by failing to meet the standards of care in similar circumstances. To prove this, your attorney will collaborate with medical professionals in comparing the actions of the medical professional to accepted practices and procedures.

An attorney can help you locate witnesses to testify in your case. These professionals can give an important insight into the decision-making process of the doctor and how a particular mistake or omission led to the birth injury attorney injury of your child. The evidence could be utilized by your lawyer to prove your claim for compensation. A successful medical malpractice claim involves two separate legal claims, one for the child that was injured and another for birth injury lawyer their parents.

Expert Witnesses

Families can receive compensation for medical expenses, lost wages resulting from absences from work, rehabilitation treatments and therapies as well as long-term care expenses with the right support. The key to winning a birth-injury case is having the most experienced experts as your witnesses.

These individuals can review the evidence and provide a professional opinions on whether a medical professional has violated their obligation of care by taking an act that could have resulted in the injuries of an infant. They can simplify medical terms for juries or judge to comprehend.

An expert witness's job is to give unbiased medical testimony that is based on the state of medical knowledge at the time of the incident in question. This means they must not ignore relevant information in order to give a more favorable impression for either the plaintiff or defendant.

Experts must also look over the relevant medical records and contemporaneous literature with sufficient depth in order to form a sound opinion. In certain cases experts may be required to give an unassailable statement in the courtroom. These sessions can be intimidating however they are an essential part of preparing for a trial. Your lawyer can help you prepare for these sessions and make sure that you are treated fairly.