Birth Injury Litigation

Medical inattention during labor and delivery can result in serious birth injury lawyers injuries for infants. These injuries can have a lasting impact on the child as well as their families.

A successful lawsuit could help pay for future and ongoing medical costs, loss of wages, and other damages. A successful lawsuit could take a long time to complete.

Compensation

Despite the latest medical advancements childbirth can be dangerous. Babies and mothers expect doctors to behave with professionalism and avoid making mistakes that could have lasting consequences. If your baby suffered an injury that was caused by negligence of a medical professional or hospital You may wish to speak with an New York birth injury lawyer to determine what legal recourse you have.

If you're successful in your claim, you'll receive financial compensation. This could cover current and future medical expenses as well as lost wages, emotional distress and other potential areas of damage. In some instances juries and judge may also award punitive damage for unacceptable behavior.

Your attorney will work closely with network experts witnesses to determine what took place and the standard of care that is accepted. They will go through all your medical records and evaluate the actions taken by medical personnel during your birth. This information will help you build solid arguments and increase your chances for success.

Typically, your lawyer will try to reach a settlement agreement with the malpractice carrier before filing a lawsuit. This will involve submitting a demand package, which includes a statement detailing your family's losses as well as the medical evidence to support the claims. The malpractice insurer will then make an offer. If a settlement isn't reached, the lawsuit will go to trial.

Damages

The damages that the plaintiff could be awarded can be monetary (such a medical bill) or non-economic (such suffering and pain). In many cases juries give both. The amount of money the victim is awarded will depend on how the accident has affected them, as well as their past and future losses. Certain states also have limitations on the amount an individual jury can award in non-economic damages.

To pursue compensation the case must prove that the defendant did not fulfill their duty of care. This is accomplished by using medical documents, expert testimony, and depositions. Medical experts are people who have specialized in a particular area of medical practice. They scrutinize all evidence in the case and can testify in court if required. In cases of birth injuries, an expert can help prove that the defendant's actions are in a way that is not consistent with the standard of care expected from a medical professional with the same training and experience in the specific circumstances of the case.

Attorneys can also depose anyone with a pertinent story, or who has an unusual perspective. They are sworn, outside-of-court statements that allow attorneys to directly question witnesses about what transpired. Depositions can be conducted over the phone or via video conference, but most are conducted in a courtroom. These depositions are often challenging and stressful but are crucial to establishing a strong case for clients and obtaining the maximum possible compensation.

Statute of Limitations

Like many states, New York requires that medical malpractice claims be filed within the statute of limitations. Parents have two and a half years from the date of an incident or omission to cause injury to their child to file a lawsuit.

Your attorney may 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 of your child or daughter. He or she may then seek any relevant documents and other information that could help determine the reason for your child's injuries.

Your lawyer has to prove the case of malpractice by establishing that the defendant owed an obligation to your child and breached it by failing to provide the proper care under 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 assist you find witnesses who will be available to testify in your case. These experts can provide valuable information about the process used by doctors to make decisions and what caused the birth injuries of your child. The evidence could be used by your lawyer to prove your compensation claim. A successful medical malpractice claim involves two separate legal claims one for the injured child and one for parents.

Expert Witnesses

With the right help families can secure compensation to cover medical expenses and lost income due to time off from work or rehabilitative therapies, as well as the costs of long-term care. But the most important thing to winning a birth injury lawsuit is having the top experts to be on your side.

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

The expert witness's role is to provide an objective medical opinion that is reflective of the current state of knowledge as of the date of the event. This means they must not exclude any relevant information to create an opinion that is more favorable to either the plaintiff or the defendant.

Experts should also review the relevant medical records and contemporaneous literature with sufficient depth to enable them to form an informed opinion. In some cases experts could be asked to appear in a deposition (sworn out-of-court statements). These sessions can be intimidating but are an important part of the preparation of an argument. Your lawyer can help you prepare for these sessions and ensure that you are treated fairly.