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Birth Injury Litigation

Medical negligence during the delivery process and labor can result in severe birth injuries for infants. These injuries have a lasting effect on the child and their family.

A successful lawsuit can pay for current and future medical costs as well as loss of wages, and other damages. A successful lawsuit may take years to reach.

Compensation

Despite amazing medical advances, childbirth can be risky. Baby and mother expect the doctors who attend to act with professionalism and avoid mistakes that could result in permanent consequences. If your baby suffered an injury due to carelessness of a hospital or doctor You may wish to consult a New York birth injury lawyer to see what legal recourses you have.

If you win your claim, you will be awarded financial compensation. This could include future and ongoing medical expenses as well as lost wages, emotional stress, and other damages that could be awarded. In certain cases juries and judge may also award punitive damage for an act of adversity.

Your attorney will collaborate with a network of expert witnesses to understand what happened and establish the accepted standard of care. They will go through your records and analyze the actions of the medical team that was present during your birth. This will help to build a strong argument and maximize your chances of success.

Typically your lawyer will attempt to reach a settlement agreement with the malpractice carrier before filing an action. This will mean submitting a package of demands, which will include a thorough description of your family's losses as well as the medical evidence that supports them. The malpractice insurance company will make an offer. If a settlement isn't reached, the case will proceed to trial.

Damages

The amount of damages a plaintiff is awarded could be monetary (such as medical bills) or non-economic (such as pain and suffering). In many cases, juries give both. The amount of damages that an individual victim will be awarded is determined by how the accident has affected them as well as their past and future losses. Some states also place limits on the amount that an individual jury can award in non-economic damages.

To be able to claim compensation, you must show that the defendant did not fulfill their duty of care. This is accomplished by the use of medical documents, expert testimony, and depositions. Medical experts are those who are knowledgeable in a specific area of medical practice. They evaluate all evidence and may testify in court if needed. In cases of birth injuries, the expert will help establish the defendant's actions are not in the standards of care expected of a medical professional of similar experience and training.

In addition to medical experts, attorneys can also take the depositions of anyone who might have an interesting story or insight. These are legally sworn statements that are made outside of court and permit lawyers to inquire of witnesses directly what happened. Some depositions are conducted over the phone or via video conference, however most are held in a courtroom. These conversations are often difficult and stressful but are crucial to constructing a convincing case for clients and obtaining the best possible compensation.

Statute of limitations

In New York, as in many states, medical negligence claims must be filed within a statute of limitations. Parents have two and two-and-a-half years from the date of an act or omission to cause injury to their child to file a lawsuit.

Your attorney may review the medical records of your child to determine whether any nurses or obstetricians, as well as other hospital personnel, were involved in the birth of your son or daughter. He or she will request any documents and information relevant to the injury of your child.

Your lawyer has to prove the case of malpractice by establishing that the defendant was bound by obligations to your child and violated it by failing to provide the standard of care under similar circumstances. To prove this, your attorney will collaborate with medical professionals to analyze the actions of the medical professional with accepted practices and procedures.

An attorney can help you identify witnesses who can be able to testify in your case. These professionals can give an important insight into the process used by doctors to make decisions and explain how a particular error or omission caused the birth injury suffered by your child. The evidence could be utilized by your lawyer in support of 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 get compensation for medical expenses, lost wages due to the absence of work therapy and rehabilitation and costs for long-term care with the right help. But the most important thing to winning a birth injury lawsuit is having the best expert witnesses on your side.

They will review the evidence and give their professional opinion about whether a medical professional has violated their duty of care in carrying out an action that could have caused an infant's injury. They can explain difficult medical terms to make it easier for judges or jury to comprehend.

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 they should not eliminate relevant information to give a more favorable opinion for the plaintiff or the defendant.

Experts should also thoroughly review relevant medical records and current literature to enable them make an informed decision. In certain instances experts could be required to give a sworn statement outside of court. These sessions can be a bit intimidating but they are a crucial part of making an argument. Your attorney can prepare you for these sessions and make sure that you are treated with respect.