Birth Injury Litigation

Medical negligence during delivery and labor could result in severe birth injuries to infants. These injuries can have a lasting impact on the infant as well as their families.

A successful lawsuit can be used to pay for future and ongoing medical expenses as well as lost wages, and other damages. However, a successful lawsuit can take a long time to get.

Compensation

Despite the amazing advances in medical technology birth is still an extremely risky process. Baby and mother expect doctors in attendance to be professional and avoid mistakes that could result in permanent consequences. If your baby suffered an injury caused by the negligent actions of a hospital or doctor You might want to consult a New York birth injury law firm injury lawyer to determine the legal recourses you have.

If you're successful in your claim, you will receive financial compensation. This can be used to pay for the current and future medical expenses, lost wages, emotional distress and other potential areas of damage. In certain cases juries or judges could also award punitive damages in the event of the most egregious of conduct.

Your attorney will collaborate closely with a network expert witnesses to determine what occurred and the accepted standard of care. They will review your entire medical record and analyze what the medical staff did during your delivery. This will help them make a convincing case and increase your chances of success.

Typically your lawyer will attempt to reach a settlement agreement with the malpractice carrier before filing a lawsuit. This will mean submitting an agenda of demands that includes a full description of your family's losses as well as the medical evidence that supports them. The malpractice insurer will then make an offer. If no settlement is reached, the case will go to trial.

Damages

The damages plaintiffs may be awarded can be monetary (such medical bills) or not-economic (such the pain and suffering). In a majority of cases, juries will award both. The amount of damages the victim is awarded will depend on how the accident has affected them, as well as their past and future losses. Certain states restrict the amount of non-economic damages juries may decide to award.

To be able to seek compensation, you must show that the defendant violated their duty of caring. This is done by mixing medical documents, expert testimony, and depositions. Medical experts are people who are experts in a certain area of medicine. They scrutinize all evidence in the case and testify in court if required. In cases involving birth injuries experts will be able to prove that the defendant's actions are outside of the standard of care expected from medical professionals with similar training and experience under the circumstances of the case.

In addition to medical experts, attorneys also interview anyone who might have an interesting story or insight. These are legally sworn statements made outside of court that permit lawyers to inquire of witnesses directly what happened. Some depositions are conducted over the phone or through a video conference, but the majority are held in a courtroom. These meetings can be challenging and stressful but they are essential in building a strong case and securing the most favorable compensation for clients.

Statute of Limitations

In New York, as in the majority of states, medical malpractice claims must be filed within a statute of limitations. Parents have two and one-half years from date of an act or omission that is believed to have caused their child's injury to file a lawsuit.

Your attorney will be able to review the medical records of your child to determine whether any obstetricians or nurses as well as other hospital staff were involved in the birth injury Lawsuit of your child or daughter. He or she may then request any relevant documents and data that can help determine the reason for your child's injuries.

When proving misconduct, your lawyer needs to establish that the defendant owed your child a obligation, and then breached it by failing to meet the standard of care in similar circumstances. To prove this, birth injury lawsuit you lawyer will work with medical professionals to analyze the actions of the medical professional with accepted procedures and practices.

A lawyer can also assist you to identify witnesses who can testify about your case. These experts can provide valuable insights into the doctor's decision-making process and how a specific error or omission caused the birth injury law firms injury of your child. The evidence could be utilized by your lawyer in support of your claim for compensation. A successful medical malpractice claim involves two separate legal claims one for the child who was injured and one for the parents.

Expert Witnesses

Families can get compensation for medical expenses, lost wages resulting from working hours as well as rehabilitation therapies and treatments as well as long-term care expenses with the right support. The most important factor to win a birth-injury case is having the most experienced experts as your witnesses.

They can look over the evidence and give their professional opinion about whether a medical professional violated their duty of care by performing an action that could have caused an infant's injuries. They can simplify medical terms for a jury or judge to understand.

The expert witness's role is to provide an objective medical opinion that is based on the current knowledge at the time of the incident. This means that they should not exclude any relevant information to create an opinion that is more favorable to either the plaintiff or the defendant.

Experts should also study relevant medical records and recent literature to make an informed decision. In some instances, experts may be called to give a deposition (sworn out-of-court declaration). These sessions can be stressful but they are an essential part of the preparation of a case. Your attorney can assist you prepare for these sessions and make sure that you are treated with respect.