Birth Injury Litigation

Medical negligence during the delivery process and labor could result in serious birth injuries to infants. These injuries have a lasting impact on the child as well as their family.

A successful lawsuit could help with medical costs now and in the future as well as lost wages and other damages. However the process of obtaining a lawsuit that is successful can take years to reach.

Compensation

Despite the amazing advances in medical technology however, childbirth remains a risky procedure. Baby and mother expect the doctors who attend to behave professionally and avoid mistakes which could have long-lasting consequences. If your baby was injured that was due to the negligent actions of a hospital or doctor, you may want to consult an New York birth injury lawyer to determine what legal recourse you have.

If you're successful in your claim, you'll be awarded financial compensation. This can cover current and future medical expenses and lost wages, emotional stress, birth injury lawyer and other areas of damage. In certain cases juries and judges can also award punitive damages for egregious behavior.

Your attorney will work with a network of expert witnesses to determine what occurred and establish the standard of care that is accepted. They will go through your records and review the actions of the medical personnel that were present during your delivery. This information will help them make a convincing case and maximize your chances of success.

Typically your lawyer will attempt to reach a settlement with the malpractice company prior to filing a lawsuit. This will require submitting an array of demands that includes a comprehensive statement outlining your family's losses as well as the medical evidence to support the claims. The malpractice company will respond with an offer. If there is no settlement the case will proceed to trial.

Damages

The damages the plaintiff could be awarded are either economic (such a medical bills) or non-economic (such the pain and suffering). In a lot of cases, juries will award both. The amount of damages that an individual victim will be awarded will depend on how the accident has affected them in addition to their past and future losses. Certain states also impose restrictions on the amount an individual jury can award in non-economic damages.

In order to seek compensation the plaintiff must prove that the defendant did not fulfill their duty of care. This is done by using medical records, expert testimony and depositions. Medical experts are those who are experts in a particular area of medical practice. They examine all evidence and are able to be able to testify in court, if needed. In cases of birth injuries, an expert can help prove that the defendant's actions are against the standard of care expected from a medical professional with the same experience and training in the case's circumstances.

Attorneys may also depose any person who has a story that is relevant, or who has an unique perspective. They are sworn, outside-of-court statements that allow attorneys to inquire directly with witnesses about what happened. Some depositions can be conducted over the phone or via video conference but the majority are held in court. These conversations are often difficult and stressful but are crucial in establishing a strong argument for clients and to securing the highest possible amount of compensation.

Statute of Limitations

In New York, as in the majority of states, medical malpractice claims must be filed within the timeframe of. Parents have two and a half years to file a lawsuit after the date of the negligent act, omission or omission that they believe caused the injuries of their child.

Your attorney may review the medical records of your child to determine whether any obstetricians or nurses and other hospital staff, were involved in the birth of your son or daughter. The attorney will request any documents and information that pertains to the injuries of your child.

If you want to prove that there was a malpractice, your lawyer must establish that the defendant was responsible for your child's obligation and violated that duty by failing to meet the standards of care in similar circumstances. To establish this, your lawyer will work with medical experts to analyze 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 an insight into the doctor's decision-making process and how a particular mistake or omission led to your child's birth injury. This evidence can be utilized by your lawyer to prove your claim for compensation. A successful medical malpractice case requires two separate legal claims: one for the child who has been injured and one for the parents.

Expert Witnesses

Families can get compensation for medical expenses, lost wages due to working hours therapy and rehabilitation as well as costs for long-term health care with the right assistance. The key to winning a birth-injury case is having the most experienced experts as your witnesses.

These individuals are able to review evidence and offer an expert opinion on whether a medical professional violated their duty of care doing something that could have resulted in injuries to an infant. They can also explain complex medical terms to make it easier for judges or jury to comprehend.

An expert witness's job is to provide impartial medical testimony that reflects the state of medical knowledge at the time of the event that is in dispute. This means they must not exclude relevant information in order to provide a more favorable view for either the plaintiff or the defendant.

Experts should also study relevant medical records and current literature to make an informed decision. In some cases, experts may be called to provide deposition (sworn out-of-court statement). These sessions can be stressful but they are an essential part of preparing for a trial. Your lawyer can prepare you for these sessions and ensure that you are treated fairly.