Birth Injury Litigation

Medical negligence during labor and birth injuries 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 could aid in the payment of medical expenses now and birth injuries in the future along with lost wages and other damages. A successful lawsuit could take years to achieve.

Compensation

Despite the amazing advances in medical technology birth injury law firm is still an unwise procedure. Mothers and babies expect the doctors who attend to behave professionally and avoid mistakes that could have lasting consequences. If you believe that a doctor or hospital has been negligent in causing your baby's injury or harm, you should speak with a New York birth injuries lawyer to determine the legal options you have.

A successful claim for birth injuries results in financial compensation. This could cover the current and future medical expenses loss of wages, emotional distress and other areas of damage. In certain cases juries or judges could also award punitive damages in the event of egregious conduct.

Your attorney will work with a group of expert witnesses to understand what happened and define the standard of care that is accepted. They will review your records and review the actions of the medical team that was present during your birth. This information will help them make a convincing case and increase your chances of success.

Typically your lawyer will attempt to negotiate a settlement with the malpractice insurance company prior to filing a lawsuit. This is done by sending a demand packet, which includes a statement detailing your family's losses, as well as medical evidence that supports them. The malpractice insurance company will make an offer. If there is no settlement the case will go to trial.

Damages

The amount of damages a plaintiff is awarded may be either financial (such as medical bills) or non-economic (such as pain and suffering). In a lot of cases juries award both. The amount of compensation the victim will receive will depend on how the accident has affected them as well as their previous and future losses. Some states limit the amount of non-economic damages juries may decide to award.

To be able seek compensation, you must prove that the defendant has violated their duty of care. This is accomplished by a combination of medical records as well as expert witness testimony and depositions. Medical experts are people who have specialized knowledge in a particular field of medical practice. They scrutinize all evidence in the case and are able to testify at trial if necessary. In birth injury cases, the expert will help establish that the defendant's actions were outside of the standard of care for a medical professional with the same training and experience under the circumstances of the case.

In addition to medical experts, attorneys can also interview anyone who may have relevant information or a story to share. These are sworn declarations delivered outside of court that permit attorneys to inquire about witnesses directly what transpired. Some depositions are conducted over the phone or via video conference, but the majority are conducted in the courtroom. These conversations can be difficult and stressful but they are vital in establishing a strong argument 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 wrongdoing, omission, or inaction that they believe caused their child's injuries.

Your attorney may review your child's medical records to determine which doctors, nurses and other hospital staff might have been involved in your son or daughter's birth. The attorney will seek any documents or information related to the injury of your child.

In order to prove malpractice, your lawyer has to establish that the defendant was bound by a obligation, and then breached it by failing to uphold the standard of care under similar circumstances. To prove this, you attorney will work with medical professionals to evaluate the actions of the medical professional to accepted procedures and practices.

A lawyer can help identify witnesses who can testify in your case. They can provide valuable insight into the doctor's decision-making process and how a specific mistake or omission led to the birth injury suffered by your child. The evidence could be utilized by your lawyer to support your compensation claim. A successful medical malpractice claim involves two separate legal claims one for the injured child and one for the parents.

Expert Witnesses

Families can get compensation for medical expenses, lost wages due to absences from work, rehabilitation treatments and therapies as well as costs for long-term health care with the right support. But the most important thing to winning a birth injury lawsuit is having the most experienced experts available to be on your side.

They can also review evidence and offer an expert opinion on whether a medical professional violated their duty of care doing something which could have caused 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 impartial medical evidence that reflects the current state of knowledge at the time of the incident that is in dispute. This means they should not exclude relevant information in order to provide a more favorable opinion for the plaintiff or defendant.

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