Birth Injury Litigation

Medical negligence during delivery or labor can lead to severe birth injuries for infants. These injuries can have a long-lasting impact on the infant as well as their family.

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

Compensation

Despite incredible medical advances, childbirth can be risky. Both babies and mothers expect that doctors act with professionalism and avoid making mistakes that could have long-lasting consequences. If your baby suffered an injury caused by the carelessness of a doctor or hospital you might want to contact an New York birth injury lawyer to find out what legal recourses you have.

If you're successful in your claim, you'll be awarded financial compensation. This can be used to pay for the current and future medical expenses loss of wages, emotional distress, and other areas of potential damage. In certain cases, juries and judges may also award punitive damages in the event of unacceptable behavior.

Your attorney will collaborate closely with a network expert witnesses to determine what happened and the accepted standard of treatment. They will review all your medical records and review what the medical professionals did during your birth. This will help them make a convincing case and increase your chances of success.

Typically, your lawyer will try to reach a settlement with the malpractice carrier before filing an action. This will involve making a demand package which includes a detailed account of your family's losses and the medical evidence that supports the claim. The malpractice company will respond with an offer. If there is no settlement the case will go to trial.

Damages

The amount of damages a plaintiff is awarded can be either economic (such as medical bills) or non-economic (such as pain and suffering). In many cases juries award both. The amount of compensation an individual victim will be awarded will depend on how the accident has affected them as well as their previous and future losses. Some states also set limits on how much the jury can award in non-economic damages.

In order to pursue compensation the case must prove that the defendant violated their duty of care. This is done through a combination of medical documents and expert witness testimony and depositions. Medical experts are those with specialized knowledge in a specific field of medicine. They scrutinize all evidence and are able to appear in court if they are required. In birth injury cases the expert will help establish the defendant's actions did not meet the guidelines of a medical professional of similar experience and training.

Attorneys will also depose anyone with a relevant story or has an unique perspective. These are sworn declarations which are not in court and permit attorneys to inquire about witnesses directly what happened. Some depositions are conducted over the phone or birth injury lawyer via video conference but the majority are conducted in court. These depositions are often challenging and stressful, but are essential to building a strong case for clients and obtaining the maximum possible compensation.

Statute of limitations

Like most states, New York requires that medical malpractice claims be filed within the statute of limitations. Parents have two and two-and-a-half years from the date of an act or omission believed to cause the injury of their child to make a claim.

Your attorney can look over the medical records of your child to determine if any obstetricians or nurses along with other hospital staff, were involved in the birth of your son or daughter. He or she will request any documents or information relevant to the injury of your child.

In order to prove the negligence, your lawyer must establish that the defendant was responsible for your child's obligation, and then breached it in failing to comply with the standards of care required in similar circumstances. To demonstrate this, your attorney will work with medical experts to compare 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. These professionals can give valuable insights into the doctor's decision-making process and how a particular mistake or omission could have led to the birth injury suffered by your child. Your lawyer will then be able to use this evidence to prove your claim for compensation. A successful medical malpractice case requires two distinct legal claims one for the injured child and one for the parents.

Expert Witnesses

With the right support families can receive compensation that covers medical bills and lost income due to time away from work rehabilitation and therapy and the costs of long-term care. The most important factor to win the birth-injury lawsuit is having the most qualified experts as your witnesses.

They are able to look over evidence and offer an expert opinion on whether a medical professional acted in violation of their duty of care doing something that could have caused an infant's injury. They can also explain complex medical terms to make them easier for judges or jury to understand.

An expert witness's role is to provide unbiased medical testimony that is based on the state of medical knowledge at the time of the incident that is being investigated. This means that they cannot exclude relevant information in order to give a more favorable opinion for the plaintiff or the defendant.

Experts must also look over the relevant medical records and contemporaneous literature with sufficient depth so that they can form a sound opinion. In certain cases experts could be asked to give an oath in court. These meetings can be stressful but they are an essential element of preparing for a case. Your lawyer can help you prepare for these sessions and ensure that you are treated with respect.