Birth Injury Litigation

Medical negligence during the delivery process or labor can lead to serious birth injuries for infants. These injuries can have a lasting impact on the child as well as their family.

A successful lawsuit can help pay for medical costs now and in the future, lost wages, and other damages. A successful lawsuit may require years to obtain.

Compensation

Despite remarkable medical advances the risk of childbirth is still high. Baby and mother expect doctors to act with professionalism and avoid making mistakes that could have lasting consequences. If your baby suffered an injury due to negligence of a hospital or doctor, you may want to speak with a New York birth injury lawyer to determine what legal options you have.

If you're successful in your claim, you'll receive financial compensation. This could cover the medical costs of the present and future and lost wages, emotional distress, and other potential areas of damage. In certain cases juries or judge may also award punitive damages for unjust conduct.

Your attorney will work with a group of expert witnesses to determine what occurred and define the standard of care that is accepted. They will review your records and examine the actions of the medical personnel that were present during your delivery. This information will help them build a strong case to increase your chances of success.

Typically your lawyer will attempt to negotiate a settlement with the malpractice company prior to filing an action. This will involve submitting a demand package, which includes a statement detailing your family's losses and the medical evidence that supports the claims. The malpractice insurance company will respond with an offer. If no settlement is reached, the lawsuit will go to trial.

Damages

The damages a plaintiff gets may be either financial (such as medical bills) or non-economic (such as suffering and pain). In many cases juries give both. The amount of damages that an individual victim will be awarded is determined by how the accident has affected them, as well as their past and future losses. Certain states limit the amount of non-economic damages juries may determine.

In order to be eligible for compensation, you must prove that the defendant did not fulfill their duty of care. This is accomplished by a combination of medical records as well as expert witness testimony and depositions. Medical experts are people who specialize in a particular area of medical practice. They review all evidence in the case, and testify at trial if necessary. In Birth injury law firms injury cases the expert will determine if the defendant's actions are not in the standards of care expected of an medical professional with similar experience and training.

In addition to medical experts, attorneys will also interview anyone who has relevant information or a story to share. These are sworn out-of-court statements that allow attorneys to directly question witnesses about what happened. Depositions can be conducted over the phone or through a video conferences, but the majority are conducted in the courtroom. These discussions can be stressful 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 a specified time of limitations. Parents have two and a half years from the date of an act, omission or failure believed to cause the injury of their child to make a claim.

Your attorney will be able to review the medical records of your child to determine whether any nurses or obstetricians, as well as other hospital personnel were involved in the birth injury law firms of your daughter or son. The attorney will request any documents or information related to the injury of your child.

Your lawyer must prove that there was a breach of contract by proving that the defendant owed obligations to your child and violated it by failing to provide the required care under similar circumstances. To prove this, your lawyer will work with medical experts to compare the medical professional's actions with accepted practices and procedures.

A lawyer can help locate witnesses to testify in your case. These professionals can provide valuable insight into the process of making decisions by a doctor and what caused the birth injury of your child. Your lawyer will then be able to use this evidence to prove your claim for compensation. A successful medical malpractice claim involves two separate legal claims, one for the child who was 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 absence from work rehabilitation and therapy, as well as the cost of long-term medical care. The most important factor to win a birth-injury claim is having the most qualified experts as your witnesses.

These individuals can review the evidence and provide an expert opinion on the extent to which a medical professional breached their duty to care by doing something which could have caused the injury of an infant. They can also explain complex medical terms to make them easier for a judge or jury to understand.

The expert witness's job is to offer an objective medical opinion that reflects the current state of the art as of the date of the incident. This means that they should not omit any relevant information to develop a view that is more favorable to either the plaintiff or the defendant.

Experts should also study the relevant medical records and contemporaneous literature with sufficient thoroughness to enable them to form an informed opinion. In some cases experts could be required to make an oath in court. These sessions can be daunting but they are a crucial part of preparing an argument. Your attorney can help you prepare for these sessions and ensure that you are treated with respect.