Birth Injury Litigation

Medical inattention during labor and delivery can result in severe birth injuries to infants. These injuries have a lasting impact on the child and their family.

A successful lawsuit can help pay for future and ongoing medical costs as well as lost wages, and other damages. However, a successful lawsuit can take years to complete.

Compensation

Despite incredible medical advances childbirth can be dangerous. Mothers and babies alike expect that doctors act with professionalism and avoid errors that could have long-lasting consequences. If your baby was injured due to negligence of a hospital or doctor, you may want to speak with a New York birth injury lawyer to see what legal options you have.

A successful claim for birth injury law firms-related injuries can result in financial compensation. This can be used to pay for the current and future medical expenses loss of earnings, emotional distress, and other potential areas of damage. In some instances juries or judges could also award punitive damages for the most egregious of conduct.

Your attorney will work in conjunction with a network of experts witnesses to determine what occurred and define the standard of care that is accepted. They will go through your records and evaluate the actions of the medical professionals that were present during your delivery. This information will help you build an argument that is strong and increase your chances for success.

Before bringing a lawsuit, your lawyer will generally try to bargain with the malpractice insurer. This will involve sending a demand packet, which will include a written statement of your family’s losses and the medical evidence to support the claim. The malpractice company will respond with an offer. If a settlement cannot be reached, the lawsuit will proceed to trial.

Damages

The amount of damages a plaintiff is awarded could be monetary (such as medical bills) or non-economic (such as pain and suffering). In a majority of cases juries award both. The amount of damages a victim will receive is based on how their injury has affected them as well as their past and future losses. Some states limit the amount of non-economic damages a jury may award.

In order to be eligible for compensation, you must prove that the defendant violated their duty to care. This is done by a combination of medical documents as well as expert witness testimony and depositions. Medical experts are people with specialized knowledge in a particular area of medical practice. They scrutinize all evidence in the case and testify at trial, if needed. In birth injury cases, the expert will prove that the defendant’s actions were outside of the standard of care for a medical professional with the same training and experience in the case’s circumstances.

Attorneys can also question anyone with a pertinent story or who has an unique perspective. These are sworn, non-judgmental statements that permit attorneys to question witnesses directly about what happened. Some depositions can be conducted over the telephone or via videoconference however, the majority are held in court. These conversations are often difficult and stressful, but they are essential in establishing a strong argument for clients and to securing the highest possible compensation.

Statute of Limitations

In most states, New York requires that medical malpractice claims be filed within the statute of limitations. Parents have a maximum of two and a half years to file a lawsuit within the time frame of a mistake, omission or inaction that they believe caused the injuries of their child.

Your attorney will be able to review 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 daughter or son. He or she will then ask for any documents and information that pertains to the injuries of your child.

In order to prove the negligence, your lawyer must prove that the defendant owed your child a obligation, and then breached it by failing to adhere to the standard of care in similar circumstances. To prove this, your lawyer will work with medical professionals to evaluate the actions of the medical professional to accepted practices and procedures.

A lawyer can also help you find witnesses to testify on your behalf. These professionals can give valuable insights into the decision-making process of the doctor and how a specific error or omission caused your child’s birth injury. Your lawyer can then utilize this evidence to back up your claim for compensation. A successful medical malpractice claim involves two separate legal claims, one for the child injured as well as one for the parents of the child.

Expert Witnesses

With the right support families can get compensation that covers medical bills, lost income from time off from work, rehabilitative treatments and therapies and the costs of long-term care. But the key to successfully winning a birth injury lawsuit is having the most experienced expert witnesses possible to be on your side.

They will review the evidence and provide a professional opinion as to whether a medical professional violated their duty of care in carrying out an act that could have caused an infant’s injuries. They can explain difficult medical terms to make it easier for judges or jury to comprehend.

The expert witness’s job is to offer an objective medical opinion that is reflective of the current state of the art as of the date of the incident. This means that they should not omit any relevant information to create an opinion that is more favorably disposed to either the plaintiff or defendant.

Experts should also carefully review relevant medical records and recent literature to be able to make an informed judgment. In some instances experts may be required to make an oath outside of the courtroom. These sessions can be stressful but they are a crucial part of making a case. Your attorney can help you prepare for these sessions and make sure that you are treated with respect.