Birth Injury Litigation

Medical negligence during the delivery process and labor can result in severe birth injuries to infants. These injuries can have a lasting impact on the infant as well as their families.

A successful lawsuit could help pay for medical costs now and in the future as well as lost wages and other damages. However it could take years to obtain.

Compensation

Despite amazing medical advances childbirth can be dangerous. Mothers and Birth Injury Litigation babies alike expect that doctors act with professionalism and avoid mistakes that could cause long-lasting damage. If your baby was injured caused by the negligent actions of a medical professional or hospital, you may want to contact a New York birth injury lawyer to see what legal recourse you have.

If you're successful with your claim, you'll receive financial compensation. This can include future and present medical expenses, lost wages, emotional stress and many other damages. In some cases juries or judges could also award punitive damages for unacceptable conduct.

Your attorney will collaborate closely with a network expert witnesses to determine what transpired and the accepted standard of treatment. They will review your medical records and analyze the actions of the medical professionals that were present during your delivery. This information will help build solid arguments and increase your chances for success.

Typically, your lawyer will try to negotiate a settlement with the malpractice company prior to filing an action. This will involve submitting a demand package, which includes a statement detailing your family's losses, as well as medical evidence that supports them. The malpractice insurer will respond with an offer. If there is no settlement the case will go to trial.

Damages

The damages a plaintiff gets could be monetary (such as medical bills) or non-economic (such as pain and suffering). In a lot of cases juries award both. The amount of damages that an individual victim will be awarded is determined by how the accident has affected them, as well as their previous and future losses. Certain states also have limits on the amount that a jury can award in non-economic damages.

To be able seek compensation, you must prove that the defendant violated their duty of care. This is accomplished through the use of medical records as well as expert witness testimony and depositions. Medical experts are people who have been trained in a certain area of medicine. They evaluate all evidence in the case and are able to testify in court if required. In cases of birth injuries, an expert can help prove that the defendant's actions fall outside of the standard of care for a medical professional who has the same education and experience in the case's circumstances.

In addition to medical experts, attorneys can also conduct depositions of any person who may have an interesting story or insight. These are sworn statements made outside of court that allow attorneys to ask witnesses directly what transpired. Depositions can be conducted over the telephone or via videoconference however the majority of depositions are conducted in court. These discussions can be difficult and stressful, but they are essential in establishing a strong argument for clients and obtaining the best possible compensation.

Statute of Limitations

In most states, New York requires that medical malpractice claims be filed within a specified time of limitations. Parents have up to two and a half years to file a suit after the date of a mistake, omission or failure that they believe caused their child's injuries.

Your attorney may review the medical records of your child to determine whether any obstetricians or nurses and other hospital personnel were involved in the birth injury settlement of your son or daughter. He or she will then seek any documents or information relevant to the injury of your child.

If you want to prove that there was a misconduct, your lawyer needs to prove that the defendant owed your child a obligation, and then breached it by failing to adhere to the standards of care required in similar circumstances. To prove this, you lawyer will work with medical professionals to analyze the actions of the medical professional to accepted practices and procedures.

A lawyer can assist you identify witnesses who can testify in your case. These experts can provide valuable insight into a doctor's decision making process and how a mistake or omission caused your child's birth injury law injuries. This evidence can be utilized by your lawyer to prove your compensation claim. A successful medical malpractice case involves two separate legal claims, one for the child that was injured and the other for their parents.

Expert Witnesses

Families can be compensated for medical expenses, lost wages due to time off work Rehabilitation treatments and therapies, and long-term care costs with the right assistance. However, the key to winning a birth injury lawsuit is having the most experienced expert witnesses for your case.

These individuals can review the evidence and provide an expert opinion on the extent to which a medical professional breached their duty of care by performing an act that could have caused injuries to an infant. They can simplify medical terms for a jury or judge to comprehend.

The job of an expert witness is to provide objective medical testimony that reflects the state of medical knowledge at the time of the event relevant to the case. This means they should not remove relevant information to provide a more favorable view for either the plaintiff or the defendant.

Experts should also study relevant medical records and contemporary research in making an informed judgement. In certain cases, experts may be called to provide deposition (sworn out-of-court declaration). These sessions can be a bit intimidating but they are an essential part of making a case. Your attorney can prepare you for these sessions and ensure that you are treated fairly.