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Birth Injury Litigation

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

A successful lawsuit can pay for future and current medical expenses as well as lost wages, and other losses. A successful lawsuit can take a long time to complete.

Compensation

Despite the remarkable medical advancements birth is still dangerous procedure. Mothers and lawyers babies expect doctors on hand to behave professionally and avoid errors that could have lasting consequences. If your baby suffered an injury that was due to the carelessness of a medical professional or hospital you might want to speak with an New York birth injury lawyer to see what legal recourses you have.

A successful claim for birth injuries can result in financial compensation. This can cover the medical costs of the present and future loss of wages, emotional distress and other areas of damage. In some instances juries and judges can also award punitive damages in the event of egregious behavior.

Your attorney will collaborate with a network of expert witnesses to understand what happened and define the standard of care that is accepted. They will review all your medical records and analyze what the medical staff did during your birth. This information can help build strong arguments and increase your chances for success.

Typically your lawyer will attempt to reach a settlement with the malpractice insurer prior to filing a lawsuit. This will require you to submit an itemized list of demands that includes a comprehensive account of the losses your family has suffered and the medical evidence to back them. The malpractice insurer will respond with an offer. If there is no settlement the case will proceed to trial.

Damages

The damages that plaintiffs can be awarded are either economic (such medical bill) or non-economic (such the suffering and pain). In many cases juries give both. The amount of money an individual victim will be awarded is based on how the accident has affected them as well as their past and future losses. Some states also set restrictions on the amount an individual jury can award in non-economic damages.

To be able to seek compensation, you must prove that the defendant did not fulfill their duty of caring. This is accomplished through a combination of medical records, expert witness testimony, and depositions. Medical experts are people who have specialized knowledge in a specific field of medicine. They evaluate all evidence and can appear in court if they are required. In cases of birth injuries, the expert will be able to prove that the defendant's actions fell outside the guidelines of an expert in the field with similar training and experience.

In addition to medical experts, attorneys will also be able to depose anyone who might have an important story or insight. These are sworn statements that are made outside of court and permit lawyers to inquire of witnesses directly what happened. Some depositions are conducted over the phone or via video conference, but the majority are held in the courtroom. These depositions can be difficult and stressful but they are vital in establishing a strong argument and obtaining the best compensation for clients.

Statute of Limitations

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

Your attorney will be able to review the medical records of your child to determine if any obstetricians or nurses as well as other hospital personnel, were involved in the birth of your child or daughter. They will request any documents or details that relate to the injuries of your child.

Your lawyer must prove malpractice by establishing that the defendant owed obligations to your child and failed to provide the required care under similar circumstances. To prove this, you attorney will collaborate with medical professionals to compare the actions of the medical professional with accepted practices and procedures.

A lawyer can help you find witnesses who will be able to testify in your case. They can provide an important insight into the decision-making process of the doctor and explain how a particular error or omission caused the birth injury of your child. Your lawyer will then be able to use the evidence to support your claim for compensation. A successful medical malpractice lawsuit involves two separate legal claims one for the child injured and one for the parents.

Expert Witnesses

With the right assistance, families can obtain compensation to cover medical expenses and lost income due to time away from work as well as rehabilitative therapies and treatments, as well as the cost of long-term medical care. The most important factor to win an injury case at birth injury lawsuits is having the most experienced experts on your side.

They can also review the evidence and provide an expert opinion on the extent to which a medical professional breached their duty of care by performing an act that could have resulted in injuries to an infant. They can simplify medical terms for a jury or judge to understand.

The role of an expert witness is to provide unbiased medical testimony that reflects the state of medical knowledge at the time of the incident that is in dispute. This means that they cannot ignore relevant information in order to present a favorable opinion for the plaintiff or the defendant.

Experts should also study the relevant medical records as well as contemporaneous literature with sufficient depth so that they can form a sound opinion. In certain instances experts may be required to give an oath in the courtroom. These sessions are intimidating, but they are a necessary part of preparing for a trial. Your lawyer can help you prepare for these sessions and ensure that you are treated with respect.