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Birth Injury Litigation

Medical negligence during labor and birth can cause serious birth injuries to infants. These injuries can have a long-lasting impact on the child and their family.

A successful lawsuit can pay for future and current medical costs, lost wages, and other damages. However the process of obtaining a lawsuit that is successful can take years to obtain.

Compensation

Despite the incredible medical advances Birth Injury Lawsuit is still an extremely risky process. Mothers and babies expect doctors to behave professionally and avoid mistakes which could have long-lasting consequences. If your baby was injured that was caused by negligent actions of a hospital or doctor, you may want to contact an New York birth injury lawyer to see what legal options you have.

If you are successful in your claim, you will be awarded financial compensation. This can include future and present medical expenses loss of earnings, emotional stress and other potential damages. In some cases, juries and judges may also award punitive damage for an act of adversity.

Your attorney will collaborate closely with a network of expert witnesses to determine what transpired and the standard of care that is accepted. They will review your entire medical record and analyze what the medical professionals did during your delivery. This information will help you build solid arguments and increase your chances of success.

Typically, your lawyer will try to reach a settlement with the malpractice insurer prior to filing an action. This requires submitting an agenda of demands which will include a thorough description of your family's losses and medical evidence that supports the claims. The malpractice insurer will then make an offer. If no settlement is reached, the case will go to trial.

Damages

The damages a plaintiff gets can be either economic (such as medical bills) or non-economic (such as suffering and pain). In many cases juries will award both. The amount of damages that the victim is awarded is determined by how the injury has affected them, and also their past and future losses. Some states limit the amount of non-economic damages a jury may award.

In order to pursue compensation the case must prove that the defendant breached their duty of care. This is done through the use of medical records as well as expert witness testimony and depositions. Medical experts are individuals who are experts in a certain area of medical practice. They review every piece of evidence and be able to testify in court, if needed. In cases of birth injuries, the expert will help establish the defendant's actions fell outside the guidelines of an expert in the field with similar experience and training.

In addition to medical experts, attorneys will interview anyone who might have a relevant story or insight. These are sworn, out-of-court statements that permit attorneys to inquire directly with witnesses about what happened. Depositions can be conducted over the phone or by video conference however the majority of depositions are held 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

As in most states, New York requires that medical malpractice claims be filed within the statute of limitations. Parents have up to two and a quarter years to file a lawsuit after the date of a mistake, omission or omission that they believe caused their child's injuries.

Your attorney can look over the medical records of your child to determine which doctors, nurses, and other hospital staff could have been involved in your son's or daughter's birth. They can seek any relevant documents and data that can help determine the cause of your child's injuries.

Your lawyer must prove that there was a breach of contract by establishing that the defendant owed the child a duty and violated it by failing to provide the appropriate care in similar circumstances. To prove this, you attorney will work with medical professionals to compare the actions of the medical professional with accepted practices and procedures.

A lawyer can assist you locate witnesses to be able to testify in your case. These experts can provide an important insight into the doctor's decision-making process and how a particular mistake or omission could have led to the birth injury of your child. Your lawyer could then use this evidence to prove your claim for compensation. A successful medical malpractice case involves two separate legal claims, one for the child who is injured and the other for their parents.

Expert Witnesses

With the right support families can receive compensation for medical expenses and lost income due to absence from work, rehabilitative treatments and therapies in addition to the costs of long-term health care. The key to winning a birth injury case is having the most experienced experts on your side.

They will review the evidence and offer a professional opinions on whether a medical professional has violated their duty of care by performing an act that could have led to an infant's injuries. They can explain difficult medical terms to make them easier for judges or jury to understand.

The role of an expert witness is to provide unbiased medical testimony that is based on the current state of knowledge at the time of the incident that is being investigated. This means they shouldn't exclude relevant information in order to provide a more favorable perspective for either the plaintiff or the defendant.

Experts should also examine the relevant medical records and contemporaneous literature with sufficient depth in order to form an informed opinion. In some instances experts could be asked to provide deposition (sworn out-of-court declaration). These sessions are intimidating, but they are a crucial part of preparing for a trial. Your lawyer can prepare you for these sessions and ensure that you are treated with respect.