Birth Injury Litigation

Medical negligence during labor and birth can cause severe birth injury lawsuit injuries to infants. These injuries leave a lasting impact on the infant and their family.

A successful lawsuit can pay for future and current medical costs, lost wages, and other losses. A successful lawsuit may take years to achieve.

Compensation

Despite amazing medical advances the risk of childbirth is still high. Babies and mothers expect doctors on hand to act with professionalism and avoid mistakes that could have lasting consequences. If your baby suffered an injury due to carelessness of a medical professional or hospital, you may want to consult an New York birth injury lawyer to find out what legal recourse you have.

A successful claim for birth injuries results in financial compensation. This can include future and present medical expenses as well as lost earnings, emotional stress and a variety of other damages. In certain cases, juries or judges may also award punitive damages in the event of the most egregious of conduct.

Your attorney will work with a group of expert witnesses to discover what happened and establish the standard of care that is accepted. They will review your records and evaluate the actions of the medical professionals present during your delivery. This will help to build solid arguments and increase your chances of success.

Before filing a lawsuit, your lawyer is likely to attempt to bargain with the malpractice insurance company. This will involve submitting a demand package, that includes a report detailing your family's losses as well as the medical evidence to support the claims. The malpractice insurer will respond with an offer. If a settlement isn't reached, the case will proceed to trial.

Damages

The damages that the plaintiff could be awarded can be either financial (such a medical bills) or not-economic (such pain and suffering). In many cases, juries will award both. The amount of money the victim is awarded is based on how their injury has affected them, in addition to their past and future losses. Certain states also impose limits on how much a jury can award in non-economic damages.

In order to seek compensation to recover compensation, it must be proved that the defendant breached their duty of care. This is done by mixing medical evidence, expert testimony and depositions. Medical experts are those who specialize in a certain area of medical practice. They scrutinize all evidence in the case and are able to testify at trial, if needed. In cases involving birth injuries, the expert will be able to prove that the defendant's actions are not in the standard of care of medical professionals with similar experience and training.

Attorneys may also depose anyone with a relevant story, or who has a unique insight. They are sworn, outside-of-court statements that permit attorneys to inquire directly with witnesses about what transpired. Some depositions are conducted on the phone or through a video conference, however most are held in the courtroom. These depositions can be difficult and stressful, but they are important in establishing a strong case and obtaining the best possible compensation for clients.

Statute of Limitations

Like most states, New York requires that medical malpractice claims be filed within the timeframe of limitations. Parents have two and two and a half years from date of the act, omission or failure believed to have led to the injury of their child to file a lawsuit.

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 child or daughter. The attorney can request any relevant documents and information that may help identify the cause of your child's injuries.

If you want to prove that there was a negligence, your lawyer must prove that the defendant was responsible for your child's obligation and violated that duty by failing to adhere to the standards of care in similar circumstances. To prove this, your attorney will work with medical professionals to compare the actions of the medical professional to accepted practices and procedures.

A lawyer can also assist you to identify witnesses and find them to testify in your case. These professionals can give an insight into the decision-making process of the doctor and how a specific error or omission could have led to the birth injury to your child. Your lawyer will then be able to use this evidence to prove your claim for compensation. A successful medical malpractice case involves two separate legal claims one for the child injured and one for their parents.

Expert Witnesses

Families can seek compensation for medical expenses, lost wages due to the absence of work Rehabilitation treatments and therapies as well as costs for long-term health care with the right support. The key to winning a birth-injury case is having the most qualified experts on your side.

These individuals are able to review evidence and offer an expert opinion on whether a medical professional acted in violation of their duty of care doing something that could have led to injuries to an infant. They can simplify medical terms for a jury or judge to understand.

The expert witness's job is to give an impartial medical opinion that reflects the current knowledge as of the date of the event. This means that they should not exclude any relevant facts to form an opinion that is more favorably disposed to either the plaintiff or defendant.

Experts should also study relevant medical records and recent literature to in making an informed judgement. In some cases experts may be required to appear in a deposition (sworn out-of-court statement). These sessions can be intimidating but they are a crucial part of making the case. Your lawyer can prepare you for these sessions and ensure that you are treated fairly.