Birth Injury Litigation

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

A successful lawsuit can pay for future and ongoing medical expenses, loss of wages, and other damages. However it could take years to obtain.

Compensation

Despite the remarkable medical advancements birth is still an extremely risky process. Babies and mothers alike hope that doctors behave professionally and avoid making mistakes which could have lasting consequences. If your baby was injured caused by the negligence of a medical professional or hospital You may wish to contact an New York birth injury (Main Page) lawyer to find out what legal recourse you have.

A successful claim for birth injury law firms injuries results in financial compensation. This can include future and ongoing medical costs as well as lost wages, emotional stress, and other potential damages. In certain cases juries and judges can also award punitive damages for unacceptable behavior.

Your attorney will work in conjunction with a network of experts witnesses to determine what occurred and establish the accepted standard of care. They will review your medical records and analyze the actions of the medical professionals who were present during your delivery. This will help them make a convincing case and increase your chances of success.

Before bringing a suit, your lawyer will generally try to negotiate with the malpractice insurer. This is done by sending a demand packet, that includes a report detailing your family's losses as well as the medical evidence that supports them. The malpractice carrier will then respond with an offer. If a settlement isn't reached, the lawsuit will go to trial.

Damages

The damages plaintiffs may be awarded can be monetary (such a medical bills) or not-economic (such s suffering and pain). In a majority of cases the jury awards both. The amount of damages the victim is awarded will be based on the extent to which the injury has impacted their life, as well as evidence of their past and future losses. Some states also set limits on the amount that the jury can award in non-economic damages.

In order to pursue compensation, it must be proven that the defendant breached their duty of care. This is accomplished by using medical records, expert testimony and depositions. Medical experts are people who have been trained in a particular area of medicine. They examine all evidence in the case and are able to testify at trial, if needed. In birth injury cases, an expert can help prove that the defendant's actions are in a way that is not consistent with the standard of care for an expert in medicine with similar training and experience in the specific circumstances of the case.

In addition to medical experts, attorneys also interview anyone who has relevant information or a story to share. They are sworn statements that are which are not in court and permit attorneys to ask witnesses directly what happened. Some depositions are conducted via the phone or via video conference, but the majority are held in the courtroom. These meetings can be challenging and stressful but they are vital to build a strong case and obtaining the best compensation for Birth Injury clients.

Statute of limitations

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

Your attorney can look over the medical records of your child to determine whether any nurses or doctors and other hospital staff were involved in the birth of your daughter or son. He or she will then ask for any documents and information related to the injury of your child.

In order to prove malpractice, your lawyer has to establish that the defendant owed your child a duty and breached this duty in failing to comply with the standard of care under similar circumstances. To prove this, your attorney will collaborate with medical professionals to compare the actions of the medical professional with accepted procedures and practices.

A lawyer can also help you identify and locate witnesses to testify in your case. They can provide an important insight into the doctor's decision-making process and how a specific error or omission contributed to your child's birth injury. This information can be used by your lawyer in support of your claim for compensation. A successful medical malpractice lawsuit involves two separate legal claims one for the child who was injured and one for the parents.

Expert Witnesses

Families can be compensated for medical bills, lost wages from the absence of work as well as rehabilitation therapies and treatments as well as long-term care expenses with the right support. But the key to successfully winning a birth injury lawsuit is having the top experts for your case.

These individuals can review the evidence and give their professional opinion on whether a medical professional violated their duty of care when they performed an action that could have led to injuries to an infant. They can simplify medical terms for a jury or judge to comprehend.

An expert witness's role is to give unbiased medical testimony that reflects the current state of knowledge at the time of the incident that is in dispute. This means they must not exclude 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 and Birth injury contemporaneous research with sufficient detail in order to form an informed opinion. In some instances, an expert may be asked to give an oath outside of court. These meetings can be stressful, but they are an essential element of preparing for a case. Your attorney can help prepare for these sessions and ensure that you are treated with respect.