Birth Injury Litigation

Medical mistakes during labor and delivery can result in serious 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 future and present medical expenses, lost wages and other damages. A successful lawsuit may require years to obtain.

Compensation

Despite the amazing advances in medical technology yet, childbirth is dangerous procedure. Both babies and mothers expect that doctors act in a professional manner and avoid mistakes that could cause long-lasting damage. If your baby suffered an injury caused by the negligent actions of a doctor or hospital You might want to speak with an New York birth injury lawyer to determine the legal recourses you have.

If you are successful in your claim, you will be awarded financial compensation. This can be used to pay for future and current medical expenses loss of earnings, emotional distress, and other areas of damage. In certain cases juries and judges could also award punitive damages for egregious behavior.

Your attorney will collaborate with a network of expert witnesses to analyze what happened and define the accepted standard of care. They will review your medical records and evaluate the actions of the medical team that was present during your birth. This information can help build a strong argument and maximize your chances for success.

Typically, your lawyer will try to reach a settlement agreement with the malpractice insurer prior to filing an action. This will require submitting an itemized list of demands which includes a detailed statement outlining your family's losses and medical evidence to justify them. 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 may be either financial (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 an individual victim receives will be based on the extent to which the injury has affected their lives, and also the evidence of the past and future losses. Certain states restrict the amount of non-economic damages that juries can decide to award.

To be able seek compensation, you must show that the defendant violated their duty to care. This is done through a combination of medical documents and expert witness testimony and depositions. Medical experts are people with specialized knowledge in a particular field of medical practice. They evaluate all evidence and are able to testify in court if needed. In cases of birth injuries, the expert will be able to prove that the defendant's actions fell outside the scope of care for a medical professional of similar training and experience.

Attorneys can also question anyone who has a relevant story or with a unique insight. These are sworn, non-judgmental statements that allow attorneys to directly question witnesses about what happened. Some depositions are conducted on the phone or via video conference, however most are conducted in a courtroom. These meetings are often stressful and stressful, but they are essential to building a strong case for clients and obtaining the highest possible amount of compensation.

Statute of Limitations

As in most states, New York requires that medical malpractice claims be filed within the timeframe of limitations. Parents have two and two-and-a-half years from the date of an incident or omission to cause injury to their child to make a claim.

Your attorney can review your child's medical records to determine which obstetricians nurses, and other hospital staff might have played a role in your son's or daughter's birth injury attorney. He or she can then request any relevant documents and information that may help identify the cause of your child's injuries.

In order to prove the negligence, your lawyer must prove that the defendant owed your child a obligation and violated that duty in failing to comply with the standards of care required in similar circumstances. To prove this, your attorney will collaborate with medical experts to compare the actions of a medical professional with accepted practices and procedures.

An attorney can help you locate witnesses to be able to testify in your case. They can provide an important insight into the decision-making process of the doctor and explain how a particular error or omission could have led to your child's birth injury. The evidence could be used by your lawyer in support of your claim for compensation. A successful medical malpractice case requires two separate legal claims: one for the child who was injured and another for the parents.

Expert Witnesses

Families can be compensated for medical bills, lost wages from working hours Rehabilitation treatments and therapies as well as costs for long-term health care with the right assistance. The key to winning a birth-injury claim is having the best experts as your witnesses.

They are able to look over evidence and provide a professional opinion on whether a medical professional has violated their duty of care performing an act which could have caused injuries to an infant. They can simplify medical terms for juries or judge to understand.

The expert witness's role is to provide an objective medical opinion that reflects the current state of knowledge as of the date of the event. This means they must not remove relevant information to give a more favorable opinion for the plaintiff or the defendant.

Experts must also read relevant medical records and current research to form an informed opinion. In certain cases, an expert may be required to give an oath in court. These sessions can be daunting however they are an essential part of preparing for a trial. Your attorney can help you prepare for these sessions and ensure that you are treated fairly.