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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 could help pay for future and ongoing medical costs as well as lost wages, and other damages. A successful lawsuit could require years to obtain.

Compensation





Despite incredible medical advances childbirth can be dangerous. Mothers and babies expect the doctors who attend to act with professionalism and avoid errors 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 speak with a New York birth injury lawyer to see what legal options you have.

If you're successful in your claim, you will be awarded financial compensation. This could cover future and current medical expenses, lost wages, emotional distress and other areas of damage. In some cases juries and judge may also award punitive damages in the event of egregious behavior.

Your attorney will collaborate closely with a network expert witnesses to determine what took place and the accepted standard of treatment. They will go through your entire medical record and analyze what the medical staff did during your birth. This will assist them to build a strong case to increase your chances of success.

Before bringing a lawsuit, your lawyer will generally try to bargain with the malpractice insurance company. This is done by the submission of a demand document, which includes a detailed account of your family's losses as well as the medical evidence to support the claims. The malpractice insurer will respond with an offer. If a settlement is not reached, the lawsuit will go to trial.

Damages

The damages a plaintiff gets 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 the victim is awarded will be based on the extent to which the injury has affected their lives as well as evidence of the past and future losses. Certain states restrict the amount of non-economic damages juries can award.

To be able seek compensation, you must show that the defendant has violated their duty of care. This is done by the use of medical documents, expert testimony, and depositions. Medical experts are those who are knowledgeable in a specific area of medical practice. They review all evidence and may be called in to testify in court if required. In birth injury cases, the expert will determine if the defendant's actions are not in the guidelines of a medical professional of similar training and experience.

Attorneys can also question anyone with a relevant story or with an unusual perspective. They are sworn statements that are which are not in court and permit attorneys to ask witnesses directly what transpired. Some depositions can be conducted via phone or via video conference however the majority of depositions are conducted in court. These depositions are often challenging and stressful, but are essential to building a strong case for clients and obtaining the best possible amount of compensation.

Statute of Limitations

As in most states, New York requires that medical malpractice claims be filed within the statute of limitations. Parents have two and two-and-a-half years from the date of an incident or omission believed to have caused their child's injury to bring a lawsuit.

Your attorney may review the medical records of your child to determine whether any nurses or doctors, as well as other hospital staff were involved in the birth of your daughter or son. The attorney can seek any relevant documents and other information that could help identify the cause of your child's injuries.

Your lawyer must prove malpractice by establishing that the defendant owed the child a duty and violated it by failing to provide the standard of care under similar circumstances. To prove this, you lawyer will work with medical professionals in comparing the actions of the medical professional with accepted practices and procedures.

An attorney can help you locate witnesses to testify in your case. These professionals can provide valuable insight into the process used by doctors to make decisions and what caused your child's birth injuries. Your lawyer can then utilize this evidence to prove your claim for compensation. A successful medical malpractice lawsuit involves two distinct legal claims: one for the child who was injured and one for the parents.

Expert Witnesses

Families can be compensated for medical expenses, lost wages resulting from time off work therapy and rehabilitation as well as costs for long-term health care with the right help. The key to winning a birth injury case is having the best expert witnesses for your case.

They can look over the evidence and give their professional opinion about whether a medical professional has violated their duty of care in carrying out an act that could have caused the injuries of an infant. They can simplify medical terms for juries or judge to comprehend.

The job of an expert witness is to provide impartial medical testimony that is based on the state of medical knowledge at the time of the event that is being investigated. This means they shouldn't ignore relevant information in order to provide a more favorable perspective for either the plaintiff or the defendant.

Experts should also carefully review relevant medical records and recent literature to enable them in making an informed judgement. In some cases, experts may be called to make deposition (sworn out-of-court statement). These meetings can be stressful however they are an essential element of preparing for a trial. Your attorney can help prepare for these sessions and ensure that you are treated with respect.