Birth Injury Litigation

Medical mistakes during labor and delivery can result in serious birth injuries to infants. These injuries can have a long-lasting impact on the infant and their family.

A successful lawsuit can help pay for medical costs now and in the future, lost wages, and other damages. However, a successful lawsuit can take years to reach.

Compensation

Despite the amazing medical advancements yet, childbirth is an unwise procedure. Babies and mothers alike hope that doctors behave professionally and avoid mistakes that could result in long-lasting harm. If your baby suffered an injury that was due to the carelessness of a doctor or hospital, you may want to contact a New York birth injury lawyer to find out what legal recourse you have.

A successful claim for birth-related injuries can result in financial compensation. This can include future and ongoing medical expenses and lost wages, emotional stress and other damages that could be awarded. In certain instances juries or judges can also award punitive damages in the event of the most egregious of conduct.

Your attorney will work closely with network experts witnesses to determine what happened and the standard of care that is accepted. They will review all of your medical records and review what the medical professionals did during your birth. This will help them build a strong case and maximize your chances of success.

Typically your lawyer will attempt to reach a settlement agreement with the malpractice company prior to filing an action. This requires submitting a package of demands, which includes a detailed declaration of the losses suffered by your family as well as the medical evidence to support them. The malpractice insurer will then make an offer. If no settlement is reached, the lawsuit will go to trial.

Damages

The damages that plaintiffs may be awarded are either economic (such a medical bills) or not-economic (such the pain and suffering). In a lot of cases, juries give both. The amount of damages the victim is awarded will depend on how the accident has affected them and also their past and future losses. Certain states also impose limits on how much a jury can award in non-economic damages.

To be able to seek compensation, you must prove that the defendant breached their duty to care. This is done by combining medical documents, expert testimony, and depositions. Medical experts are people who are knowledgeable in a specific field of medicine. They review all evidence in the case and can 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.

Attorneys will also depose anyone with a relevant story or has an exclusive perspective. These are legally sworn statements which are not in court and permit lawyers to inquire of witnesses directly what transpired. Some depositions are conducted via the phone or through a video conference, however most are held in the courtroom. These discussions can be difficult and stressful, but they are essential to constructing a convincing case for clients and obtaining the highest possible compensation.

Statute of limitations

In New York, as in the majority of states, medical malpractice claims must be filed within the time frame of a statute of limitations. Parents have two and a quarter years to file a suit after the date of a mistake, omission or omission they believe caused their child's injuries.

Your attorney may review your child's medical records to determine which doctors, nurses and other hospital staff could have been involved in your son's or daughter's birth. He or she may then request any relevant documents and other information that could aid in determining the cause of your child's injuries.

In order to prove malpractice, your lawyer has to prove that the defendant was bound by a obligation and violated that duty by failing to adhere to the standards of care in similar circumstances. To prove this, your attorney will collaborate with medical experts to compare the medical professional's actions to accepted practices and procedures.

A lawyer can help find witnesses who will be able to testify in your case. They can provide valuable insights into the process used by doctors to make decisions and explain how a particular error or omission caused your child's birth injury. Your lawyer can then use this evidence to prove your claim for compensation. A successful medical malpractice claim involves two separate legal claims one for the child who is injured and another for their parents.

Expert Witnesses

With the right help families can receive compensation that covers medical bills as well as lost earnings due to time off from work rehabilitation and therapy, as well as the costs of long-term care. The key to winning an injury case at birth is having the best experts on your side.

They can also review evidence and offer an expert opinion on whether a medical professional violated their duty to care by performing an act that could have caused an infant's injury. They can simplify medical terms for a jury or judge to understand.

The expert witness's role is to provide an objective medical opinion that is based on the current state of the art at the time of the incident. This means that they cannot eliminate relevant information to give a more favorable opinion for the plaintiff or the defendant.

Experts should also study the relevant medical records as well as contemporaneous research with sufficient detail to enable them to form an informed opinion. In certain instances experts could be required to provide an unassailable statement in the courtroom. These meetings can be stressful however they are a crucial part of preparing for a trial. Your attorney can help you prepare for these sessions and make sure that you are treated fairly.