Birth Injury Litigation

Medical inattention during labor and delivery can cause serious birth injuries for infants. These injuries can have a lasting impact on the child as well as their families.

A successful lawsuit can help with medical costs now and in the future as well as lost wages and other damages. However it could take years to complete.

Compensation

Despite amazing medical advances the risk of childbirth is still high. Babies and mothers alike hope that doctors will act professionally and avoid blunders that could result in long-lasting harm. If your baby suffered an injury caused by the carelessness of a medical professional or hospital You may wish to contact an New York birth injury lawyer to determine what legal options you have.

A successful claim for birth-related injuries can result in financial compensation. This could include current and future medical costs loss of wages, emotional stress and a variety of other damages. In some instances, juries or judges may also award punitive damages for unacceptable conduct.

Your attorney will collaborate closely with a network expert witnesses to determine what occurred and the standard of care you should expect. They will review all of your records and evaluate what the medical staff did during your birth. This will help them build a strong case and increase your chances of success.

Before bringing a lawsuit, your lawyer will typically try to bargain with the malpractice insurance company. This would involve sending a demand packet, which includes a statement detailing your family's losses as well as the medical evidence to support the claim. The malpractice insurer will respond with an offer. If no settlement is reached the case will proceed to trial.

Damages

The damages that a plaintiff can receive are either economic (such medical bills) or non-economic (such the suffering and pain). In many cases juries give both. The amount of the damages the victim is awarded will be determined by the extent to which the injury has affected their lives and also the evidence of their past and future losses. Certain states limit the amount of non-economic damages a jury may determine.

To be able to claim compensation, you must prove that the defendant has violated their duty of care. This is accomplished by the use of medical documents, expert testimony, and depositions. Medical experts are individuals with specialized knowledge in a specific field of medicine. They examine every piece of evidence and testify in court if needed. In birth injury cases, the expert will be able to prove that the defendant's actions were outside the guidelines of a medical professional of similar training and experience.

In addition to medical experts, attorneys can also conduct depositions of any person who has a relevant story or insight. These are sworn statements delivered outside of court that permit lawyers to inquire of witnesses directly what happened. Some depositions are conducted via the phone or through a video conferences, but the majority are conducted in a courtroom. These conversations can be difficult and stressful, but they are important in establishing a strong argument and securing the most favorable compensation for clients.

Statute of limitations

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

Your attorney can review the medical records of your child to determine which doctors, nurses, and other hospital staff might have played a role in your daughter or son's birth. The attorney will seek any documents or information that pertains to the injuries of your child.

Your lawyer must prove that there was a breach of contract by establishing that the defendant was bound by an obligation to your child and failed to provide the proper care under similar circumstances. To demonstrate this, your attorney will collaborate with medical experts to compare the actions of the medical professional to accepted practices and procedures.

A lawyer can help you identify witnesses who can provide testimony in your case. These professionals can provide valuable insight into a doctor's decision making process and how a mistake or omission resulted in your child's birth injuries. Your lawyer can then utilize this evidence to support your claim for compensation. A successful medical malpractice case involves two separate legal claims, one for the child who is injured and the other for their parents.

Expert Witnesses

Families can be compensated for medical expenses, lost wages due to time off work as well as rehabilitation therapies and treatments as well as long-term care expenses with the right help. But the key to successfully winning a birth injury case is having the best experts for your case.

These individuals can review evidence and give their professional opinion on whether a medical professional acted in violation of their duty of caring by performing an act that could have caused the injury of an infant. They can explain difficult medical terms to make them easier for lawyers a judge or jury to comprehend.

An expert witness's job is to provide unbiased medical testimony that reflects the state of knowledge at the time of the event in question. This means that they should not omit any relevant information in order to form a view that is more favorably disposed to either the plaintiff or defendant.

Experts should also review the relevant medical records as well as contemporaneous literature with sufficient depth to allow them to form an informed opinion. In some instances, experts may be called to give a deposition (sworn out-of-court statement). These sessions can be stressful but they are an essential part of preparing a case. Your attorney can assist you prepare for these sessions and ensure that you are treated fairly.