Birth Injury Litigation

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

A successful lawsuit can be used to pay for current and future medical costs, lost wages, and other losses. A successful lawsuit could take years to reach.

Compensation

Despite incredible medical advances, childbirth can be risky. Mothers and babies expect doctors to behave with professionalism and avoid errors that could have lifelong consequences. If your baby was injured that was caused by carelessness of a medical professional or hospital You might want to contact a New York birth injury lawyer to see what legal recourse you have.

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

Your attorney will collaborate closely with network experts witnesses to determine what transpired and the standard of care you should expect. They will go through your entire medical record and analyze the actions of your medical team during your birth. This will help them build a strong case and increase your chances of success.

Typically, your lawyer will try to reach a settlement with the malpractice carrier before filing an action. This involves the submission of a demand document, which includes a statement detailing your family's losses along with medical evidence that supports the claim. The malpractice company will respond with an offer. If a settlement cannot be reached, the lawsuit will proceed to trial.

Damages

The damages that plaintiffs may be awarded can be either financial (such a medical bills) or not-economic (such s pain and suffering). In a lot of cases, juries award both. The amount of the damages that a victim is awarded will be determined by the extent to which the injury has affected their lives, and also the evidence of the past and future losses. Certain states limit the amount of non-economic damages that a jury may decide to award.

In order to be eligible for compensation, you must prove that the defendant violated their duty of care. This is accomplished by the use of medical records, expert testimony, and depositions. Medical experts are people who have specialized in a certain area of medical practice. They examine all evidence and may appear in court if they are required. In birth injury cases, experts will be able to prove that the defendant's actions are against the standard of care expected from an expert in medicine who has the same education and experience under the circumstances of the case.

In addition to medical experts, attorneys will also take the depositions of anyone who may have relevant information or a story to share. These are sworn, out-of-court statements that permit attorneys to inquire directly with witnesses about what transpired. Some depositions are conducted via the phone or through a video conferences, but the majority are held in the courtroom. These depositions can be difficult and stressful however they are crucial to build a strong case and obtaining the best possible compensation for clients.

Statute of Limitations

In New York, as in most states, medical malpractice claims must be filed within a timeframe of. Parents have two and two-and-a-half years from the date of the act, omission or failure believed to cause injury to their child to bring a lawsuit.

Your attorney can review the medical records of your child to determine which obstetricians nurses, and other hospital staff could have been involved in your son's or daughter's birth. He or she can then request any relevant documents and information that could aid in determining the cause of the injuries to your child.

When proving malpractice, your lawyer has to establish that the defendant was owed by your child a obligation, and then breached it by failing to uphold the standards of care required in similar circumstances. To establish this, your lawyer will work with medical experts in comparing the actions of a medical professional with accepted practices and procedures.

A lawyer can also help you identify witnesses and find them to testify about your case. These professionals can give an important insight into the doctor's decision-making process and how a specific error or Birth Injury omission led to your child's birth injury. The evidence could be used by your lawyer to support your compensation claim. A successful medical malpractice case requires two distinct legal claims: one for the child injured and one for the parents.

Expert Witnesses

With the right help, families can obtain compensation for medical expenses, lost income from time away from work or rehabilitative therapies as well as the costs of long-term health care. However, the key to winning a birth injury lawyers injury lawsuit is having the most experienced expert witnesses to be on your side.

They will review the evidence and provide a professional opinion as to whether a medical professional violated their duty of care when they performed an action that could have caused the injuries of an infant. They can also explain complicated medical terms to make them easier for judges or jury to comprehend.

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

Experts should also examine the relevant medical records and contemporaneous literature with sufficient depth to enable them to form an informed opinion. In some instances experts could be asked to make deposition (sworn out-of court statement). These meetings can be stressful but they are an essential element of preparing for a case. Your lawyer can help you prepare for these sessions and ensure that you are treated with respect.