Birth Injury Litigation

Medical negligence during the delivery process and labor could result in serious birth injuries for infants. These injuries can have a lasting impact on the infant and their family.

A successful lawsuit can pay for current and future medical expenses as well as loss of wages, and other damages. A successful lawsuit may take years to reach.

Compensation

Despite the incredible medical advances however, childbirth remains dangerous procedure. Babies and mothers alike hope that doctors act in a professional manner and avoid blunders that could result in long-lasting harm. If your baby suffered an injury that was due to the negligence of a doctor or hospital you might want to contact a New York birth injury lawyer to determine what legal recourse you have.

If you're successful with your claim, you will receive financial compensation. This could include current and future medical expenses as well as lost wages, emotional stress, and other damages that could be awarded. In some instances juries and judges could also award punitive damages in the event of an act of adversity.

Your attorney will work closely with network experts witnesses to determine what took place and the accepted standard of care. They will review all of your records and analyze what the medical staff did during your birth. This information can help build a strong argument and maximize your chances of success.

Before bringing a lawsuit, your lawyer will usually try to bargain with the malpractice insurance company. This will require submitting an agenda of demands that includes a comprehensive declaration of the losses suffered by your family and the medical evidence to support them. The malpractice carrier will then respond with an offer. If no settlement is reached, the lawsuit will proceed to trial.

Damages

The damages that the plaintiff could be awarded can be either financial (such a medical bill) or not-economic (such as suffering and pain). In many cases, juries award both. The amount of the damages an individual victim receives will be determined by the extent to which the incident has affected their lives as well as evidence of the past and future losses. Some states also set restrictions on the amount a jury can award for non-economic damages.

To pursue compensation to recover compensation, it must be proved that the defendant breached their duty of care. This is accomplished by mixing medical records, expert testimony, and depositions. Medical experts are individuals who are knowledgeable in a particular field of medical practice. They evaluate all evidence and can be able to testify in court, if needed. In cases involving birth injuries an expert can help prove that the defendant's actions are outside of the standard of care for medical professionals with the same experience and training in the particular case.

In addition to medical experts, attorneys will conduct depositions of any person who has a relevant story or insight. These are sworn, out-of-court statements that permit attorneys to directly question witnesses about what transpired. Some depositions are conducted via the phone or via video conference, but the majority are held in a courtroom. These depositions can be difficult and stressful but they are vital in establishing a strong case and securing the most favorable compensation for clients.

Statute of limitations

As in most states, New York requires that medical malpractice claims be filed within a specified time of limitations. Parents have two and two-and-a-half years from the date of an act, omission or failure believed to cause injury to 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 injury lawsuits of your child or daughter. He or she may then seek any relevant documents and data that can help determine the cause of your child's injuries.

Your lawyer must prove that there was a breach of contract by establishing that the defendant was bound by a duty to your child and violated it by failing to provide the standard of care under similar circumstances. To prove this, your attorney will collaborate with medical experts in comparing the medical professional's actions with accepted practices and procedures.

A lawyer can assist you identify witnesses who can be available to testify in your case. These experts can provide valuable insight into the process used by doctors to make decisions and how a mistake or omission caused the Birth injury law Firms injury of your child. Your lawyer can then use this evidence to support your claim for compensation. A successful medical malpractice case involves two separate legal claims one for the child who was injured and one for the parents.

Expert Witnesses

With the right assistance families can secure compensation for medical expenses and lost income due to absence from work or rehabilitative therapies, as well as the cost of long-term care. The most important factor to win the birth-injury lawsuit is having the most skilled experts as your witnesses.

These individuals are able to review the evidence and provide an expert opinion on whether a medical professional has violated their duty of care by doing something that could have led to the injury of an infant. They can simplify medical terms for a jury or judge to comprehend.

The role of an expert witness is to give unbiased medical testimony that is based on the current state of knowledge at the time of the incident relevant to the case. This means they should not remove relevant information to present a favorable perspective for either the plaintiff or defendant.

Experts should also examine the relevant medical records and contemporaneous literature with sufficient thoroughness to enable them to form an informed opinion. In some instances experts could be asked to give a deposition (sworn out-of court statement). These sessions can be intimidating but they are a crucial part of preparing for a trial. Your lawyer can help you prepare for these sessions and make sure that you are treated with respect.