Birth Injury Litigation

Medical inattention during labor and delivery can cause serious birth injuries to infants. These injuries can have a long-lasting effect on the child and their family.

A successful lawsuit can pay for current and future medical costs as well as lost wages, and other losses. However, a successful lawsuit can take years to reach.

Compensation

Despite the amazing medical advancements birth injury lawsuit is still a risky procedure. Both babies and mothers expect that doctors act with professionalism and avoid errors that could cause long-lasting damage. If you suspect that the hospital or doctor is liable for the injury to your baby then you should contact a New York birth injuries lawyer to determine what legal options you have.

If you win your claim, you will receive financial compensation. This can be used to pay for the current and future medical expenses loss of wages, emotional distress, and other areas that could cause damage. In some cases, juries and judges may also award punitive damages in the event of egregious behavior.

Your attorney will collaborate closely with a network expert witnesses to determine what happened and the accepted standard of care. They will go through your records and examine the actions of the medical personnel that were present during your delivery. This will help to build a strong argument and maximize your chances for success.

Before bringing a lawsuit your lawyer will usually try to bargain with the malpractice insurer. This will require you to submit an array of demands that includes a comprehensive declaration of the losses suffered by your family and medical evidence to support the claims. The malpractice carrier will then respond with an offer. If a settlement cannot be reached, the case will go to trial.

Damages

The damages a plaintiff receives may be economic (such as medical bills) or non-economic (such as suffering and pain). In many cases juries award both. The amount of damages that a victim is awarded 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 restrict the amount of non-economic damages a jury may determine.

In order to be eligible for compensation, you must prove that the defendant has violated their duty of caring. This is done by a combination of medical records as well as expert witness testimony and depositions. Medical experts are those who are experts in a particular field of medicine. They scrutinize all evidence in the case and are able to testify in court if required. In cases involving birth injuries the expert will prove that the defendant's actions fall in a way that is not consistent with the standard of care for an expert in medicine with the same experience and training in the case's circumstances.

In addition to medical experts, attorneys also conduct depositions of any person who may have relevant information or a story to share. These are sworn, out-of-court statements that allow attorneys to question witnesses directly about what transpired. Depositions can be conducted over the phone or by video conference but the majority are held in the courtroom. These depositions can be difficult and stressful but they are essential to build a strong case and securing the most favorable compensation for clients.

Statute of limitations

Like most states, New York requires that medical malpractice claims be filed within the timeframe of limitations. Parents have two and two and a half years from date of the act or omission believed to have led to the injury of their child to file a lawsuit.

Your attorney can look over the medical records of your child to determine which obstetricians nurses, and other hospital staff could have been involved in your daughter or son's birth. They can seek any relevant documents and information that may aid in determining 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 obligations to your child and breached it by failing to provide the standard of care in similar circumstances. To prove this, you lawyer will work with medical professionals in comparing the actions of the medical professional with accepted procedures and practices.

A lawyer can also help you identify and locate witnesses to testify about your case. These experts can provide an insight into the process used by doctors to make decisions and how a specific mistake or omission contributed to your child's birth injury. Your lawyer could then use this evidence to support your claim for compensation. A successful medical malpractice claim involves two separate legal claims, one for the child injured and the other for their parents.

Expert Witnesses

Families can be compensated for medical expenses, lost wages resulting from working hours therapy and rehabilitation, and long-term care costs with the right help. The key to winning a birth injury case is having the top experts available for your case.

These individuals can review evidence and offer an expert opinion on the extent to which a medical professional breached their duty of care by performing an act that could have caused injuries to an infant. They can explain complicated medical terms to make them easier for judges or jury to comprehend.

An expert witness's role is to provide 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 omit any relevant information to create a view that is more favorable to either the plaintiff or injuries the defendant.

Experts must also read relevant medical records and current research make an informed decision. In some instances, an expert may be asked to give an unassailable statement in court. These meetings can be stressful, but they are an essential part of preparing for a trial. Your lawyer can help you prepare for injuries these sessions and make sure that you are treated fairly.