Birth Injury Litigation

Medical negligence during the delivery process and labor can cause serious birth injuries to infants. These injuries can have a long-lasting impact on the child as well as their family.

A successful lawsuit could help with medical costs now and in the future, lost wages, and other damages. A successful lawsuit may take a long time to complete.

Compensation

Despite amazing medical advances the risk of childbirth is still high. Parents and their babies expect doctors to behave professionally and avoid mistakes that could have lasting consequences. If your baby suffered an injury caused by the negligence of a hospital or doctor, you may want to contact a New York birth injury lawyer to find out what legal options you have.

If you're successful with your claim, you will be awarded financial compensation. This could cover the medical costs of the present and future and lost wages, emotional distress, and other areas of potential damage. In certain cases juries or judge may also award punitive damages for egregious conduct.

Your attorney will collaborate closely with a network of expert witnesses to determine what transpired and the accepted standard of treatment. They will review your records and Birth Injury Law Firms analyze the actions of the medical professionals who were present during your delivery. This information will help you build strong arguments and increase your chances of success.

Typically your lawyer will attempt to negotiate a settlement with the malpractice insurer prior to filing an action. This is done by the submission of a demand document, that includes a report detailing your family's losses as well as the medical evidence that supports the claims. The malpractice insurance company will make an offer. If no settlement is reached the case will proceed to trial.

Damages

The damages a plaintiff receives may be economic (such as medical bills) or non-economic (such as suffering and pain). In a majority of cases the jury awards both. The amount of the damages that a victim is awarded will be determined by the degree to which the accident has affected their lives and birth Injury Law firms also the evidence of the past and future losses. Some states also set limits on the amount that a jury can award for non-economic damages.

In order to be eligible for compensation, you must show that the defendant violated their duty of care. This is done by the use of medical documents as well as expert witness testimony and depositions. Medical experts are people who specialize in a certain area of medicine. They examine every piece of evidence and be called in to testify in court if required. In cases involving birth injuries, the expert will determine if the defendant's actions are not in the standard of care of a medical professional of similar training and experience.

Attorneys can also question anyone with a pertinent story, or who has an unique perspective. These are legally sworn statements delivered outside of court that permit attorneys to ask witnesses directly what transpired. Some depositions are conducted over the telephone or via videoconference but the majority are held in court. These meetings are often stressful and stressful, but are essential in establishing a strong argument for clients and to securing the highest possible compensation.

Statute of Limitations

In New York, as in many states, medical negligence claims must be filed within the statute of limitations. Parents have two and a half years to file a suit after the date of the mistake, omission or inaction that they believe caused the injuries of their child.

Your attorney can look over the medical records of your child to determine whether any obstetricians or nurses and other hospital personnel, were involved in the birth of your son or daughter. He or she will request any documents or information that pertains to the injuries of your child.

In order to prove malpractice, your lawyer must prove that the defendant was responsible for your child's obligation, and then breached it by failing to adhere to the standard of care in similar circumstances. To prove this, you lawyer will work with medical professionals in comparing the actions of the medical professional to accepted practices and procedures.

A lawyer can also assist you to identify and locate witnesses who can testify about your case. They can provide valuable information about the process of making decisions by a doctor and how an error 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 lawsuit involves two distinct legal claims: one for the injured child and one for the parents.

Expert Witnesses

With the right help families can secure compensation for medical expenses as well as lost earnings due to time off from work, rehabilitative treatments and therapies as well as the costs of long-term health care. The key to winning a Birth injury law firms-injury claim is having the best experts on your side.

They will review the evidence and offer a professional opinion as to whether a medical professional violated their duty of care in carrying out an action which could have resulted in an infant's injuries. They can simplify medical terms for a jury or judge to comprehend.

An expert witness's job is to provide unbiased medical evidence that reflects the current state of knowledge at the time of the event relevant to the case. This means that they cannot exclude relevant information in order to create a more favorable view for either the plaintiff or the defendant.

Experts should also study the relevant medical records and contemporaneous publications with enough depth in order to form a sound opinion. In certain cases, an expert may be asked to give an unassailable statement in court. These sessions can be intimidating but are an important part of preparing for a trial. Your lawyer can help you prepare for these sessions and make sure that you are treated with respect.