Birth Injury Litigation

Medical inattention during labor and delivery can result in serious birth injuries to infants. These injuries can have a lasting impact on the child and their family.

A successful lawsuit may help with medical costs now and in the future in the future, lost wages, and other damages. A successful lawsuit could take a long time to complete.

Compensation

Despite the latest medical advancements, childbirth can be risky. Mothers and babies expect doctors in attendance to behave with professionalism and avoid mistakes that could result in permanent consequences. If you think an institution or doctor is liable for the injury to your baby 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 can be used to pay for current and future medical expenses loss of wages, emotional distress and other areas of potential damage. In some instances juries and judges can also award punitive damage for egregious behavior.

Your attorney will work in conjunction with a network of experts witnesses to analyze what happened and establish the accepted standard of care. They will look over your medical records and evaluate the actions of the medical staff present during your delivery. This will help them build a strong case to maximize your chances of success.

Before filing a lawsuit, your lawyer is likely to attempt to bargain with the malpractice insurance company. This will mean submitting an array of demands which will include a thorough account of the losses your family has suffered as well as the medical evidence to support the claims. The malpractice insurance company will respond with an offer. If no settlement is reached the case will go to trial.

Damages

The damages a plaintiff gets can be either economic (such as medical bills) or non-economic (such as pain and suffering). In many cases, juries award both. The amount of the damages a victim receives will be determined by the extent to which the incident has impacted their life, as well as evidence of their past and future losses. Certain states limit the amount of non-economic damages juries may determine.

To pursue compensation the plaintiff must prove that the defendant breached their duty of care. This is done through a combination of medical documents, expert witness testimony, and depositions. Medical experts are those who have been trained in a certain area of medical practice. They review all evidence and can appear in court if they are required. In cases of birth injuries, the expert will help establish the defendant's actions did not meet the scope of care for a medical professional of similar training and experience.

Attorneys can also question anyone with a pertinent story or with an unique perspective. They are sworn, outside-of-court statements that permit attorneys to directly question witnesses about what happened. Some depositions are conducted on the phone or via video conference, but the majority are held in a courtroom. These depositions can be difficult and stressful, but they are important to build a strong case and securing the highest possible compensation for clients.

Statute of limitations

In New York, as in many states, medical negligence claims must be filed within a timeframe of. Parents have up to two and a half years to file a lawsuit after the date of a wrongful act, omission, or inaction that they believe caused the injuries of their child.

Your attorney may 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 child or daughter. He or she may then seek any relevant documents and other information that could help determine the reason for your child's injuries.

When proving malpractice, your lawyer must prove that the defendant was bound by a obligation and then violated this obligation in failing to comply with the standard of care under similar circumstances. To prove this, your lawyer will work with medical professionals in comparing the actions of the medical professional with accepted practices and procedures.

A lawyer can also assist you to identify witnesses and find them to testify in your case. These professionals can give valuable insights into the decision-making process of the doctor and how a particular mistake or omission led to the birth injury to your child. Your lawyer can then utilize the evidence to support your claim for compensation. A successful medical malpractice case requires two separate legal claims: one for the injured child and another for the parents.

Expert Witnesses

With the right help families can secure the compensation they need to pay medical bills and lost income due to time off from work, rehabilitative treatments and therapies, as well as the cost of long-term medical care. But the key to successfully winning a birth injury lawyers injury case is having the top experts on your side.

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 led to injuries to an infant. They can simplify medical terms for juries or judge to comprehend.

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 create a view that is more favorable to either the plaintiff or the defendant.

Experts should also review the relevant medical records as well as contemporaneous research with sufficient detail in order to form an informed opinion. In certain cases, an expert may be required to make a sworn statement outside of court. These sessions can be a bit intimidating but they are a crucial part of preparing the case. Your attorney can prepare you for these sessions and ensure that you are treated fairly.