Birth Injury Litigation

Medical negligence during labor and birth can result in serious birth injuries to infants. These injuries can have a long-lasting impact on the child as well as their families.

A successful lawsuit can pay for current and birth injury lawsuit future medical expenses, lost wages, and other damages. However it can take years to complete.

Compensation

Despite the latest medical advancements the risk of childbirth is still high. Mothers and babies expect doctors to be professional and avoid errors that could result in permanent consequences. If your baby was injured caused by the negligent actions of a medical professional or hospital You may wish to speak with a New York birth injury lawyer to find out what legal recourse you have.

If you win your claim, you will receive financial compensation. This could include current and future medical expenses and lost earnings, birth injury lawsuit emotional stress and many other damages. In some instances juries and judges could also award punitive damages for an act of adversity.

Your attorney will work in conjunction with a network of experts witnesses to understand what happened and establish the accepted standard of care. They will review all of your records and review the actions of your medical team during your highwood birth injury lawsuit. This information will help them create a strong case and maximize your chances of success.

Typically, your lawyer will try to reach a settlement with the malpractice insurance company prior to filing a lawsuit. This will require submitting a package of demands, that includes a full statement outlining your family's losses and medical evidence to back the claims. The malpractice insurance company will respond with an offer. If no settlement is reached the case will proceed to trial.

Damages

The damages that a plaintiff receives may be either financial (such as medical bills) or non-economic (such as pain and suffering). In many cases juries give both. The amount of damages the victim is awarded will be based on the degree to which the accident has impacted their life, as well as evidence of their past and future losses. Certain states also have limits on the amount that an individual jury can award in non-economic damages.

To be able to seek compensation, you must prove that the defendant violated their duty of caring. This is accomplished by the use of medical documents, expert witness testimony, and depositions. Medical experts are people who are knowledgeable in a particular field of medical practice. They examine every piece of evidence and appear in court if they are required. In cases of birth injury lawsuit injuries, the expert will establish that the defendant's actions fell outside the standard of care of medical professionals with similar training and experience.

In addition to medical experts, attorneys can also take the depositions of anyone who may have a relevant story or insight. These are sworn, non-judgmental statements that permit attorneys to inquire directly with witnesses about what transpired. Some depositions are conducted over the phone or by video conference but the majority are held in court. These meetings can be challenging and stressful, but they are important to build a strong case and obtaining the best possible compensation for clients.

Statute of Limitations

As in most states, New York requires that medical malpractice claims be filed within the timeframe of limitations. Parents have a maximum of two and a half years to file a suit following the date of a wrongful act, omission, or inaction that they believe caused their child's injuries.

Your attorney may review the medical records of your child to determine whether any nurses or doctors along with other hospital personnel were involved in the birth of your son or daughter. The attorney will ask for any documents and information relevant to the injury of your child.

In order to prove negligence, your lawyer must prove that the defendant was responsible for your child's duty and breached this duty in failing to comply with the standards of care in similar circumstances. To prove this, your attorney will work with medical professionals in comparing the actions of the medical professional with accepted procedures and practices.

A lawyer can also help you identify witnesses and find them to testify on your behalf. They can provide valuable insight into the process used by doctors to make decisions and how a specific error or omission contributed to your child's birth injury. Your lawyer will then be able to use the evidence to support your claim for compensation. A successful medical malpractice claim involves two separate legal claims, one for the child who is injured as well as one for the parents of the child.

Expert Witnesses

With the right assistance, families can obtain compensation for medical expenses and lost income due to time away from work, rehabilitative treatments and therapies and the cost of long-term care. The most important factor to win a birth-injury case is having the best experts as your witnesses.

They will review the evidence and offer a professional opinion on whether a medical professional breached their duty of care in carrying out an action that could have caused injuries to an infant. They can also explain complex medical terms to make them easier for a judge or jury to comprehend.

An expert witness's role is to provide objective medical testimony that is based on the state of medical knowledge at the time of the incident that is being investigated. This means that they should not omit any relevant information to develop a view that is more favorable to either the plaintiff or defendant.

Experts should also examine the relevant medical records as well as contemporaneous research with sufficient detail to enable them to form a sound opinion. In some instances experts could be required to make a sworn statement outside of the courtroom. These sessions can be daunting but they are an essential element of preparing for a trial. Your lawyer can prepare you for these sessions and ensure that you are treated with respect.