Birth Injury Litigation

Medical negligence during the delivery process and labor can result in severe birth injuries for infants. These injuries leave a lasting impact on the child as well as their family.

A successful lawsuit may help pay for medical costs now and in the future along with lost wages and other damages. A successful lawsuit can take years to reach.

Compensation

Despite amazing medical advances the risk of childbirth is still high. Mothers and babies expect doctors to behave professionally and avoid making mistakes which could have long-lasting consequences. If your baby was injured that was caused by negligence of a hospital or doctor You might want to consult a New York birth injury lawyer to find out what legal recourse you have.

A successful claim for birth injuries will result in financial compensation. This can include future and current medical costs and lost wages, emotional stress and other potential damages. In some instances juries and judges could also award punitive damages for unacceptable behavior.

Your attorney will collaborate closely with network experts witnesses to determine what occurred and the standard of care you should expect. They will review your records and evaluate the actions of the medical professionals who were present during your delivery. This will assist them to create a strong case and increase your chances of success.

Before bringing a lawsuit your lawyer will usually try to bargain with the malpractice insurer. This would involve sending a demand packet, which includes a statement detailing your family's losses, as well as medical evidence to support them. The malpractice insurer will then make an offer. If there is no settlement the case will proceed to trial.

Damages

The damages a plaintiff receives can be either economic (such as medical bills) or non-economic (such as suffering and pain). In a majority of cases juries award both. The amount of compensation the victim will receive is based on how the accident has affected them as well as their past and future losses. Certain states also have limits on how much a jury can award in non-economic damages.

To be able to seek compensation, you must show that the defendant did not fulfill their duty of caring. This is done through a combination of medical documents as well as expert witness testimony and depositions. Medical experts are those who have specialized knowledge in a particular field of medicine. They examine all evidence and are able to be called in to testify in court if required. In cases involving birth injuries an expert can help prove that the defendant's actions were in a way that is not consistent with the standard of care expected from a medical professional with the same experience and training in the particular case.

Attorneys can also question anyone who has a relevant story or with an unusual perspective. They are sworn, outside-of-court statements that allow attorneys to directly question witnesses about what transpired. Some depositions are conducted via telephone or via videoconference however, the majority are held in court. These conversations are often difficult and stressful but are crucial to constructing a convincing case for clients and obtaining the best possible amount of compensation.

Statute of limitations

In New York, as in most states, medical malpractice claims must be filed within a timeframe of. Parents have a maximum of two and a quarter years to file a lawsuit within the time frame of a negligent act, omission or omission that they believe caused their child's injuries.

Your attorney can review your child's medical records to determine which doctors, nurses, and other hospital staff might have played a role in your son's or daughter's birth. He or she will then request any documents and information relevant to the injury of your child.

Your lawyer has to prove the case of malpractice by proving that the defendant was bound by obligations to your child and failed to provide the appropriate care in similar circumstances. To prove this, you attorney will collaborate with medical professionals to analyze the actions of the medical professional with accepted procedures and practices.

A lawyer can also help you find witnesses to testify about your case. They can provide valuable information about the decision-making process of a doctor and how a mistake or omission resulted in your child's birth injuries. The evidence could be utilized by your lawyer to support your claim for compensation. A successful medical malpractice case involves two separate legal claims: one for the injured child and one for the parents.

Expert Witnesses

Families can seek compensation for medical expenses, lost wages due to the absence of work therapy and rehabilitation and costs for long-term care with the right assistance. The key to winning the birth injury lawsuits-injury lawsuit is having the most skilled expert witnesses on your side.

These individuals are able to review the evidence and provide an expert opinion on whether a medical professional violated their duty of care by performing an act that could have caused the injury of an infant. They can simplify medical terms for a jury or judge to understand.

The role of an expert witness is to provide an unbiased medical opinion that is based on the current state of knowledge at the time of the incident. This means they shouldn't ignore relevant information in order to provide a more favorable impression for either the plaintiff or the defendant.

Experts should also carefully review relevant medical records and contemporary research to form an informed opinion. In some cases experts could be asked to make deposition (sworn out-of court statement). These sessions can be intimidating but they are an essential part of making the case. Your attorney can help you prepare for these sessions and ensure that you are treated with respect.