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Birth Injury Litigation

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

A successful lawsuit can assist in paying for medical expenses now and in the future along with lost wages and other damages. A successful lawsuit could take years to reach.

Compensation

Despite the latest medical advancements childbirth can be dangerous. Mothers and babies expect the doctors who attend to act with professionalism and avoid mistakes which could have long-lasting consequences. If your baby suffered an injury that was due to the negligent actions of a doctor or hospital you might want to contact a New York birth injury lawyer to determine what legal recourses you have.

If you win your claim, you will be awarded financial compensation. This could cover the current and future medical expenses as well as lost wages, emotional distress, and other areas of potential damage. In some instances juries and judge may also award punitive damage for the most egregious of conduct.

Your attorney will work with a network of expert witnesses to discover what happened and define the accepted standard of care. They will go through your entire medical record and examine what the medical professionals did during your birth. This information can help build solid arguments and increase your chances of success.

Before bringing a lawsuit, your lawyer will usually attempt to bargain with the malpractice insurer. This is done by making a demand package which will include a written statement of your family's losses as well as the medical evidence to support the claim. The malpractice insurance company will respond with an offer. If a settlement isn't reached, the lawsuit will proceed to trial.

Damages

The damages that the plaintiff could be awarded can be monetary (such a medical bills) or not-economic (such as suffering and pain). In a majority of cases juries award both. The amount of compensation the victim is awarded is based on how the injury has affected them, as well as their previous and future losses. Some states restrict the amount of non-economic damages juries can determine.

To be able to seek compensation, it must be proven that the defendant violated their duty of care. This is accomplished by mixing medical records, expert testimony, and depositions. Medical experts are people who specialize in a specific area of medicine. They scrutinize every piece of evidence and appear in court if they are required. In cases of birth injuries, experts will be able to prove that the defendant acted beyond the standards of care expected from a medical professional with the same experience and training in the particular case.





Attorneys will also depose anyone who has a relevant story, or who has an unusual perspective. These are legally sworn statements made outside of court that allow attorneys to ask witnesses directly what transpired. Some depositions are conducted on the phone or via video conference, however most are conducted in the courtroom. These meetings are often stressful and stressful but are crucial to establishing a strong case for clients and obtaining the maximum 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 a half years to file a suit following the date of a mistake, omission or failure that they believe caused their child's injuries.

Your attorney can 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 of your daughter or son. The attorney can request any relevant documents and other information that could help identify the cause of the injuries to your child.

When proving malpractice, your lawyer must prove that the defendant was owed by your child a duty and breached this duty by failing to meet the standards of care in similar circumstances. To prove this, your attorney will collaborate with medical experts to evaluate the actions of a medical professional with accepted practices and procedures.

A lawyer can also help you identify witnesses and find them who can testify about your case. These professionals can provide valuable information about the process of making decisions by a doctor and how a mistake or omission caused the birth injury of your child. Your lawyer can then utilize this evidence to back up your claim for compensation. A successful medical malpractice case involves two separate legal claims one for the child who is injured as well as one for the parents of the child.

Expert Witnesses

With the right support families can get compensation for medical expenses and lost income due to time away from work, rehabilitative treatments and therapies and the costs of long-term health care. However, the key to winning a birth injury lawsuit is having the most experienced expert witnesses possible for your case.

These individuals are able to review evidence and give their professional opinion on whether a medical professional violated their duty to care by performing an act that could have resulted in an infant's injury. They can also explain complex medical terms to make them easier for judges or jury to understand.

The role of an expert witness is to provide an unbiased medical opinion that reflects the current state of the art as of the date of the event. This means that they should not exclude any relevant information to develop an opinion that is more favorable to either the plaintiff or defendant.

Experts must also look over the relevant medical records as well as contemporaneous literature with sufficient thoroughness in order to form an informed opinion. In certain cases experts may be required to give an unassailable statement in the courtroom. These sessions can be intimidating but are an important part of preparing the case. Your attorney can assist you prepare for these sessions and make sure that you are treated fairly.