Birth Injury Litigation

Medical negligence during the delivery process and labor could result in severe birth injuries to infants. These injuries can have a long-lasting impact on the child and their family.

A successful lawsuit may help pay for medical costs now and in the future along with lost wages and other damages. However it can take a long time to get.

Compensation

Despite the remarkable medical advancements however, childbirth remains dangerous procedure. Baby and mother expect doctors to behave professionally and avoid errors which could have long-lasting consequences. If your baby suffered an injury caused by the negligent actions of a hospital or doctor you might want to speak with an New York birth injury lawyer to find out what legal options you have.

If you win your claim, you'll be awarded financial compensation. This can be used to pay for the current and future medical expenses and lost wages, emotional distress and other areas of potential damage. In some instances, juries or judges may also award punitive damages for the most egregious of conduct.

Your attorney will work closely with a network of expert witnesses to determine what transpired and the standard of care you should expect. They will review your records and review the actions of the medical team that was present during your birth. This information will help build an argument that is strong and increase your chances of success.

Typically your lawyer will attempt to reach a settlement agreement with the malpractice insurer prior to filing a lawsuit. This requires submitting an agenda of demands that includes a comprehensive declaration of the losses suffered by your family and the medical evidence to justify the claims. The malpractice insurer will then make an offer. If there is no settlement, the case will go to trial.

Damages

The damages that the plaintiff could be awarded are either economic (such a medical bills) or not-economic (such the pain and suffering). In many cases juries will award both. The amount of the damages that a victim is awarded will be based on the extent to which the incident has affected their lives as well as evidence of the past and future losses. Some states also set restrictions on the amount an individual jury can award in non-economic damages.

In order to seek compensation the plaintiff must prove that the defendant violated their duty of care. This is accomplished by the use of medical documents, expert witness testimony, and depositions. Medical experts are people with specialized knowledge in a particular field of medical practice. They examine all evidence in the case and testify at trial if necessary. In birth injury cases, an expert can help prove that the defendant's actions are against the standard of care for an expert in medicine with the same training and experience under the circumstances of the case.

In addition to medical experts, attorneys also be able to depose anyone who may have relevant information or a story to share. They are sworn statements that are delivered outside of court that permit attorneys to inquire about witnesses directly what happened. Some depositions are conducted via the phone or through a video conference, but the majority are conducted in a courtroom. These meetings can be challenging and stressful but they are essential in building a strong case and securing the most favorable 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 up to two and a quarter years to file a suit after the date of a wrongful act, omission, or failure that they believe caused their child's injuries.

Your attorney can review your child's medical records to determine which obstetricians nurses and other hospital personnel may have been involved in your son or daughter's birth. The attorney will request any documents or information relevant to the injury of your child.

Your lawyer must prove malpractice by proving that the defendant was bound by a duty to your child and breached it by failing to provide the appropriate care in similar circumstances. To prove this, your lawyer will work with medical experts in comparing the actions of a medical professional with accepted practices and procedures.

A lawyer can assist you find witnesses who will be available to testify in your case. These professionals can give an insight into the process used by doctors to make decisions and how a particular mistake or omission could have led to your child's birth injury lawsuit injury. The evidence could be used by your lawyer to prove your claim for compensation. A successful medical malpractice lawsuit involves two distinct legal claims one for the injured child and another for the parents.

Expert Witnesses

With the right help, families can obtain compensation that covers medical bills as well as lost earnings due to working hours taken off, rehabilitative treatments and therapies, as well as the costs of long-term health care. However, the key to winning a birth injury case is having the best expert witnesses for your case.

They can look over the evidence and offer a professional opinions on whether a medical professional acted in breach of their duty of care when they performed an action that could have led to an infant's injury. They can also explain complicated medical terms to make them easier for a judge or jury to understand.

The job of an expert witness is to provide impartial medical testimony that is based on the current state of knowledge at the time of the event in question. This means they must not remove relevant information to give a more favorable perspective for either the plaintiff or the defendant.

Experts should also thoroughly review relevant medical records and contemporary research be able to make an informed judgment. In certain cases, experts may be called to provide 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 make sure that you are treated fairly.