Birth Injury Litigation

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

A successful lawsuit can aid in the payment of medical expenses now and in the future as well as lost wages and other damages. However it can take a long time to get.

Compensation

Despite incredible medical advances the risk of childbirth is still high. Mothers and babies expect doctors to behave professionally and avoid making mistakes that could result in permanent consequences. If your baby was injured that was caused by negligence of a medical professional or hospital, you may want to speak with an New York birth injury lawyer to determine what legal recourses you have.

If you're successful with your claim, you'll be awarded financial compensation. This can include future and current medical expenses loss of wages, birth injury lawyer emotional stress and a variety of other damages. In some instances juries and judges can also award punitive damage for an act of adversity.

Your attorney will work in conjunction with a network of experts witnesses to understand what happened and define the standard of care that is accepted. They will review your records and evaluate the actions of the medical personnel present during your delivery. This information will help them build a strong case to increase your chances of success.

Before filing a lawsuit, your lawyer will usually try to bargain with the malpractice insurer. This will mean submitting an agenda of demands which includes a detailed declaration of the losses suffered by your family and medical evidence to back the claims. The malpractice company will respond with an offer. If no settlement is reached the case will go to trial.

Damages

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

In order to be eligible for compensation, you must show that the defendant has violated their duty of caring. This is accomplished by a combination of medical records and expert witness testimony and depositions. Medical experts are individuals who are experts in a particular area of medicine. They scrutinize all evidence and may be called in to testify in court if required. In cases of birth injuries, birth injury lawyer the expert will help establish that the defendant's actions were beyond the standards of care for a medical professional who has the same education and experience in the case's circumstances.

Attorneys will also depose anyone with a relevant story or who has a unique insight. They are sworn, outside-of-court statements that permit attorneys to question witnesses directly about what transpired. Some depositions are conducted on the phone or via video conference, but the majority are conducted in a courtroom. These conversations can be difficult and stressful however they are crucial in building a strong case and securing the highest possible compensation for clients.

Statute of Limitations

In New York, as in the majority of states, medical malpractice claims must be filed within a time frame of a statute of limitations. Parents have up to two and a half years to file a lawsuit after the date of the negligent act, omission or omission that they believe caused the injuries of their child.

Attorneys can look through your child's medical records to determine which obstetricians, nurses, and other hospital staff might have played a role in your daughter or son's birth injury lawsuit. He or she will then request any documents or information related to the injury of your child.

Your lawyer must prove that there was a breach of contract by establishing that the defendant owed the child a duty and failed to provide the standard of care under similar circumstances. To prove this, your attorney will work with medical experts to analyze the actions of a medical professional with accepted practices and procedures.

A lawyer can help identify witnesses who can provide testimony in your case. These professionals can provide valuable information about the decision-making process of a doctor and what resulted in your child's birth injuries. Your lawyer will then be able to use this evidence to support your claim for compensation. A successful medical malpractice claim involves two separate legal claims, one for the child that was injured and one for their parents.

Expert Witnesses

With the right help families can receive compensation for medical expenses, lost income from time off from work, rehabilitative treatments and therapies, as well as the cost of long-term care. The key to winning an injury case at birth is having the most experienced experts as your witnesses.

They are able to review the evidence and provide their professional opinion as to whether a medical professional breached their obligation of care by taking an act that could have caused the injuries of an infant. They can simplify medical terms for a jury or judge to understand.

The objective of an expert witness is to offer an objective medical opinion that is reflective of the current state of knowledge at the time of the event. This means that they cannot ignore relevant information in order to give a more favorable view for either the plaintiff or the defendant.

Experts must also read relevant medical records and current research in making an informed judgement. In certain instances experts could be required to make an oath outside of court. These sessions can be intimidating, but they are a necessary part of preparing for a case. Your attorney can help you prepare for these sessions and make sure that you are treated fairly.