Birth Injury Litigation

Medical negligence during delivery and labor can cause severe birth injuries for infants. These injuries can have a lasting impact on the infant and their family.

A successful lawsuit can help pay for current and future medical costs, lost wages and other damages. A successful lawsuit can take years to reach.

Compensation

Despite the remarkable medical advancements however, childbirth remains an extremely risky process. Babies and mothers expect doctors in attendance to behave professionally and avoid making mistakes that could have lasting consequences. If your baby was injured that was due to the negligent actions of a medical professional or hospital, you may want to consult a New York birth injury lawyer to determine what legal recourse you have.

If you are successful in your claim, you will receive financial compensation. This could cover the medical costs of the present and birth injury lawyer future, lost wages, emotional distress and other areas that could cause damage. In some instances juries or judge may also award punitive damages in the event of unjust conduct.

Your attorney will work closely with a network expert witnesses to determine what occurred and the accepted standard of care. They will go through all of your records and analyze the actions taken by medical personnel during your delivery. This information can help build solid arguments and increase your chances for success.

Before bringing a suit, your lawyer is likely to attempt to negotiate with the malpractice insurer. This will mean submitting a package of demands, which will include a thorough statement outlining your family's losses and the medical evidence to support them. The malpractice insurance company will make an offer. If no settlement is reached the case will go to trial.

Damages

The damages a plaintiff receives could be monetary (such as medical bills) or non-economic (such as pain and suffering). In a majority of cases, juries award both. The amount of compensation an individual victim will be awarded is based on how the injury has affected them in addition to their past and future losses. Some states restrict the amount of non-economic damages that juries can determine.

To be able to seek compensation to recover compensation, it must be proved that the defendant did not fulfill their duty of care. This is done by the use of medical records as well as expert witness testimony and depositions. Medical experts are people who specialize in a specific area of medicine. They examine all evidence and are able to be able to testify in court, if needed. In cases involving birth injuries experts will be able to prove that the defendant's actions were outside of the standard of care for medical professionals who has the same education and experience in the particular case.

Attorneys can also question anyone with a pertinent story, or who has an exclusive perspective. These are sworn declarations that are made outside of court and permit attorneys to ask witnesses directly what transpired. Some depositions are conducted on the phone or via video conference, but most are held in the courtroom. These depositions can be difficult and stressful however they are crucial in establishing 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 a maximum of two and a half years to file a suit within the time frame of a negligent act, omission or omission that they believe caused their child's injuries.

Your attorney can look over the medical records of your child to determine which doctors, nurses, and other hospital staff might have been involved in your son's or daughter's birth. They will request any documents or information that pertains to the injuries of your child.

In order to prove misconduct, your lawyer needs to prove that the defendant was responsible for your child's duty and breached this duty in failing to comply with the standard of care under similar circumstances. To demonstrate this, your attorney will collaborate with medical experts in comparing the actions of the medical professional to accepted practices and procedures.

A lawyer can help find witnesses who will be able to testify in your case. These experts can provide valuable information about the process used by doctors to make decisions and how an error or omission caused the birth injury of your child. Your lawyer can then use this evidence to back up your claim for compensation. A successful medical malpractice claim involves two separate legal claims: one for the child who was injured and birth injury lawyer one for parents.

Expert Witnesses

With the right help families can receive compensation to cover medical expenses as well as lost earnings due to time away from work or rehabilitative therapies as well as the costs of long-term health care. The key to winning a birth injury lawsuit is having the best experts available on your side.

These individuals can review evidence and provide a professional opinion on whether a medical professional violated their duty of caring by doing something that could have resulted in injuries to an infant. They can explain complicated medical terms to make it easier for judges or jury to understand.

The role of an expert witness is to provide an objective medical opinion that is reflective of the current knowledge at the time of the event. This means they should not exclude relevant information in order to create a more favorable opinion for the plaintiff or the defendant.

Experts should also thoroughly review relevant medical records as well as current research to form an informed opinion. In some cases experts may be required to give an oath outside of the courtroom. These sessions can be stressful but they are an essential part of the preparation of an argument. Your attorney can assist you prepare for these sessions and ensure that you are treated fairly.