Birth Injury Litigation

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

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

Compensation

Despite the remarkable medical advancements birth is still dangerous procedure. Babies and mothers expect doctors to behave with professionalism and avoid mistakes which could have long-lasting consequences. If you think an institution or doctor is liable for your baby's injury and/or death, you should consult a New York birth injuries lawyer to determine what legal options you have.

A successful claim for birth injuries will result in financial compensation. This could include current and future medical expenses, lost earnings, emotional stress and many other damages. In certain instances juries or judges could also award punitive damages in the event of egregious conduct.

Your attorney will work closely with network experts witnesses to determine what occurred and the accepted standard of treatment. They will go through your records and review the actions of the medical staff who were present during your delivery. This information will help them make a convincing case and maximize your chances of success.

Typically your lawyer will attempt to reach a settlement agreement with the malpractice company prior to filing a lawsuit. This will mean submitting an agenda of demands which includes a detailed account of the losses your family has suffered and the medical evidence to support the claims. The malpractice company will respond with an offer. If no settlement is reached, the lawsuit will proceed to trial.

Damages

The damages a plaintiff can receive can be either financial (such a medical bills) or non-economic (such suffering and pain). In many cases juries decide to award both. The amount of damages that a victim is awarded will be determined by the extent to which the injury has affected their lives, and also the evidence of the past and future losses. Certain states also have limits on the amount that the jury can award in non-economic damages.

In order to pursue compensation the case must prove that the defendant did not fulfill their duty of care. This is done by the use of medical records and expert witness testimony and depositions. Medical experts are people who are experts in a specific area of medical practice. They review all evidence and are able to testify in court if needed. In cases involving birth injuries, the expert will be able to prove that the defendant's actions did not meet the guidelines of a medical professional of similar experience and training.

Attorneys will also depose anyone with a pertinent story or who has an unique perspective. These are sworn out-of-court statements that permit attorneys to inquire directly with witnesses about what transpired. Some depositions are conducted via the phone or through a video conferences, but the majority are held in the courtroom. These depositions are often challenging and stressful but are crucial to establishing 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 timeframe of limitations. Parents have two and two-and-a-half years from the date of the act or omission believed to cause the injury of their child to pursue a lawsuit.

Your attorney can review your child's medical records to determine which obstetricians nurses and other hospital staff might have been involved in your son's or daughter's birth. The attorney can seek any relevant documents and information that could aid in determining the cause of your child's injuries.

Your lawyer has to prove the case of malpractice by establishing that the defendant was bound by a duty to your child and failed to provide the required care under similar circumstances. To prove this, you lawyer will work with medical professionals to analyze the actions of the medical professional with accepted procedures and practices.

A lawyer can help you locate witnesses to be able to testify in your case. These professionals can give an insight into the decision-making process of the doctor and how a specific error or omission could have led to your child's birth injury law firm injury. Your lawyer could then use this evidence to support your claim for compensation. A successful medical malpractice lawsuit involves two separate legal claims one for the child injured and another for the parents.

Expert Witnesses

With the right assistance, families can obtain compensation for medical expenses, lost income from absence from work or rehabilitative therapies and the cost of long-term care. The key to winning a birth injury law firms injury case is having the best experts on your side.

These individuals are able to review evidence and give their professional opinion on whether a medical professional violated their duty of care doing something which could have caused an infant's injury. They can also explain complicated medical terms to make them easier for a judge or jury to understand.

The expert witness's role is to give an impartial medical opinion that reflects the current knowledge at the time of the event. This means they must not omit any relevant information to create a view that is more favorable to either the plaintiff or the defendant.

Experts should also thoroughly review relevant medical records and current literature to enable them in making an informed judgement. In some instances experts could be asked to make deposition (sworn out-of-court statements). These sessions can be daunting but they are an essential part of preparing for a case. Your attorney can assist you prepare for these sessions and ensure that you are treated with respect.