Birth Injury Litigation

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

A successful lawsuit may aid in the payment of medical expenses now and in the future, lost wages, and other damages. A successful lawsuit may require years to obtain.

Compensation

Despite amazing medical advances childbirth can be dangerous. Both babies and mothers expect that doctors will act professionally and avoid making mistakes that could result in long-lasting harm. If you think an institution or doctor was negligent in causing your baby's injury and/or death, you should consult a New York birth injuries lawyer to determine what legal options you have.

A successful claim for birth-related injuries can result in financial compensation. This could cover current and future medical expenses, lost wages, emotional stress, and other areas of damage. In some cases juries or judge may also award punitive damages in the event of unjust conduct.

Your attorney will collaborate closely with network experts witnesses to determine what transpired and the accepted standard of treatment. They will review your records and examine the actions of the medical staff present during your delivery. This information will help build an argument that is strong and increase your chances of success.

Before bringing a lawsuit your lawyer will usually attempt to negotiate with the malpractice insurer. This will require you to submit a package of demands, that includes a full declaration of the losses suffered by your family and the medical evidence that supports them. The malpractice insurer will then make an offer. If no settlement is reached the case will go to trial.

Damages

The amount of damages a plaintiff is awarded may be economic (such as medical bills) or non-economic (such as pain and suffering). In a lot of cases, juries decide to award both. The amount of damages the victim is awarded will be determined by the extent to which the incident has impacted their life, and also the evidence of the past and future losses. Certain states restrict the amount of non-economic damages that a jury may award.

To be able to claim compensation, you must show that the defendant has violated their duty to care. This is done by a combination of medical records as well as expert witness testimony and depositions. Medical experts are those who have specialized knowledge in a specific area of medical practice. They examine all evidence in the case and are able to testify at trial, if needed. In cases involving birth injuries, the expert will establish that the defendant's actions fell outside the guidelines of an expert in the field with similar training and experience.

In addition to medical experts, attorneys also conduct depositions of any person who might have a relevant story or insight. They are sworn, outside-of-court statements that permit attorneys to inquire directly with witnesses about what happened. Some depositions are conducted over the phone or through a video conference, but most are conducted in the courtroom. These meetings can be challenging and stressful but they are essential to build 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 time frame of a statute of limitations. Parents have two and two-and-a-half years from the date of an act or omission believed to cause the injury of their child to file a lawsuit.

Your attorney can review the medical records of your child to determine whether any nurses or obstetricians and other hospital staff were involved in the birth of your daughter or son. They can request any relevant documents and information that may help identify the cause of your child's injuries.

When proving misconduct, your lawyer needs to prove that the defendant was responsible for your child's obligation and then violated this obligation by failing to adhere to the standards of care required in similar circumstances. To prove this, your attorney will work with medical experts to evaluate the medical professional's actions with accepted practices and procedures.

A lawyer can also help you find witnesses who can testify about your case. They can provide valuable insight into the decision-making process of a doctor and the way in which an error or omission caused the birth injuries of your child. Your lawyer can then utilize this evidence to prove your claim for compensation. A successful medical malpractice lawsuit involves two separate legal claims: one for the child injured and one for the parents.

Expert Witnesses

Families can seek compensation for medical expenses, lost wages due to the absence of work therapy and rehabilitation as well as long-term care expenses with the right support. The most important factor to win the Birth Injury Lawsuit-injury lawsuit is having the best experts as your witnesses.

These individuals can review evidence and give their professional opinion on whether a medical professional violated their duty of care by performing an act that could have resulted in injuries to an infant. They can also explain complicated medical terms to make it easier for judges or jury to comprehend.

The job of an expert witness is to provide impartial medical evidence that reflects the state of knowledge at the time of the event in question. This means that they cannot remove relevant information to create a more favorable opinion for the plaintiff or defendant.

Experts should also study relevant medical records as well as current literature to to form an informed opinion. In some instances experts may be required to appear in a deposition (sworn out-of-court statements). These sessions can be intimidating but they are a crucial part of making an argument. Your attorney can help you prepare for these sessions and ensure that you are treated fairly.