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Birth Injury Litigation

Medical negligence during delivery and labor could result in serious birth injuries to infants. These injuries leave a lasting effect on the child and their family.

A successful lawsuit could aid in the payment of medical expenses now and in the future in the future, lost wages, and other damages. A successful lawsuit may take a long time to complete.

Compensation

Despite the latest medical advancements birth can be a risky. Baby and mother expect doctors to be professional and avoid mistakes that could result in permanent consequences. If your baby suffered an injury that was due to the negligence of a hospital or doctor, you may want to consult a New York birth injury lawyer to determine the legal options you have.

If you win your claim, you'll be awarded financial compensation. This can be used to pay for future and current medical expenses, lost wages, emotional distress, and other potential areas of damage. In certain instances, juries or judges may also award punitive damages for unjust conduct.

Your attorney will work closely with network experts witnesses to determine what occurred and the standard of care that is accepted. They will go through your records and analyze the actions of the medical staff that was present during your birth. This will help them make a convincing case and maximize your chances of success.

Typically your lawyer will attempt to reach a settlement with the malpractice insurer prior to filing a lawsuit. This involves the submission of a demand document, which includes a detailed account of your family's losses as well as the medical evidence that supports the claim. The malpractice company will respond with an offer. If a settlement cannot be reached, the lawsuit will proceed to trial.

Damages

The amount of damages a plaintiff is awarded may be either financial (such as medical bills) or non-economic (such as pain and suffering). In a majority of cases, juries award both. The amount of the damages that a victim is awarded will be determined by the extent to which the incident has impacted their life, and also the evidence of their past and future losses. Certain states limit the amount of non-economic damages a jury may decide to award.

To be able to claim compensation, you must prove that the defendant did not fulfill their duty of caring. This is accomplished by the use of medical records, expert testimony and depositions. Medical experts are those who have been trained in a certain area of medical practice. They scrutinize all evidence in the case and are able to testify at trial if needed. In birth injury cases the expert will be able to prove that the defendant's actions were outside the standards of care expected of an expert in the field with similar experience and training.

In addition to medical experts, attorneys will be able to depose anyone who might have an interesting story or insight. These are sworn, non-judgmental statements that allow attorneys to inquire directly with witnesses about what transpired. Depositions can be conducted over the telephone or via videoconference however, the majority are conducted in the courtroom. These depositions can be difficult and stressful however they are crucial in establishing a strong case and securing the most favorable compensation for clients.

Statute of limitations





Like many states, New York requires that medical malpractice claims be filed within the prescribed time of limitations. Parents have two and a half years from the date of the act or omission believed to cause injury to their child to pursue a lawsuit.

Your attorney will be able to 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. They will ask for any documents and information relevant to the injury of your child.

In order to prove the negligence, your lawyer must establish that the defendant was bound by a duty and breached this duty by failing to adhere to the standards of care required in similar circumstances. To demonstrate this, your attorney will work with medical experts to evaluate the medical professional's actions to accepted practices and procedures.

A lawyer can also assist you to identify witnesses to testify in your case. These professionals can give valuable insights into the process used by doctors to make decisions and how a specific mistake or omission contributed to the birth injury suffered by your child. Your lawyer can then utilize this evidence to prove your claim for compensation. A successful medical malpractice case requires two distinct legal claims: one for the child who was injured and another for the parents.

Expert Witnesses

Families can receive compensation for medical bills, lost wages from the absence of work therapy and rehabilitation as well as long-term care expenses with the right assistance. However, the key to winning a birth injury lawsuit is having the best experts available on your side.

They are able to look over the evidence and provide an expert opinion on whether a medical professional violated their duty of care by doing something that could have caused an infant's injury. They can simplify medical terms for a jury or judge to comprehend.

The expert witness's role is to provide an unbiased medical opinion that reflects the current state of knowledge as of the date of the incident. This means they should not ignore relevant information in order to create a more favorable perspective for either the plaintiff or defendant.

Experts should also study the relevant medical records and contemporaneous research with sufficient detail in order to form an informed opinion. In some instances experts could be asked to provide a deposition (sworn out-of-court statements). These sessions are intimidating but they are a necessary part of preparing for a case. Your lawyer can prepare you for these sessions and ensure that you are treated with respect.