Birth Injury Litigation

Medical negligence during labor and birth can cause serious birth injuries to infants. These injuries can have a long-lasting impact on the infant and 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 could take years to achieve.

Compensation

Despite the latest medical advancements, childbirth can be risky. Mothers and babies expect the doctors who attend to behave with professionalism and avoid errors that could have lasting consequences. If you think a doctor or hospital is liable for the injury of your baby and/or death, you should consult a New York birth injuries lawyer to determine what legal options you have.

If you win your claim, you'll receive financial compensation. This could include future and ongoing medical costs as well as lost earnings, emotional stress and many other damages. In certain cases juries or judge may also award punitive damages in the event of unjust conduct.

Your attorney will work closely with a network expert witnesses to determine what transpired and the standard of care you should expect. They will go through your records and examine the actions of the medical team that were present during your delivery. This information will help them build a strong case to increase your chances of success.

Typically your lawyer will attempt to reach a settlement with the malpractice company prior to filing a lawsuit. This is done by sending a demand packet, which includes a detailed account of your family's losses and the medical evidence that supports the claims. The malpractice company will respond with an offer. If no settlement is reached the case will go to trial.

Damages

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

To pursue compensation the case must prove that the defendant acted in breach of their duty of care. This is done through a combination of medical documents, expert witness testimony, and depositions. Medical experts are people who have specialized in a certain area of medical practice. They scrutinize all evidence in the case and can testify at trial if needed. In Farmington Birth Injury Lawyer injury cases, the expert will help establish the defendant's actions were outside the scope of care for an medical professional with similar training and experience.

In addition to medical experts, attorneys will also conduct depositions of any person who might have an interesting story or insight. These are sworn out-of-court statements that allow attorneys to question witnesses directly about what happened. Some depositions are conducted via the phone or through a video conference, however most are conducted in the courtroom. These depositions are often challenging and stressful, but are essential to constructing a convincing case for clients and obtaining the highest possible amount of compensation.

Statute of Limitations

In 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 the date of an incident or omission to cause injury to their child to file a lawsuit.

Attorneys can look through your child's medical records to determine which obstetricians, nurses and other hospital personnel may have been involved in your son or daughter's birth. He or she can then seek any relevant documents and information that could help determine the reason for your child's injuries.

Your lawyer must prove that there was a breach of contract by establishing that the defendant was bound by a duty to your child and violated it by failing to provide the standard of care in similar circumstances. To prove this, your attorney will work with medical experts in comparing the actions of the medical professional to accepted practices and procedures.

A lawyer can also help you identify and locate witnesses to testify about your case. They can provide valuable information about the process used by doctors to make decisions and the way in which an error or omission caused your child's birth injuries. This information can be used by your lawyer in support of your claim for compensation. A successful medical malpractice claim involves two separate legal claims one for the child who is injured and one for their parents.

Expert Witnesses

Families can be compensated for medical expenses, lost wages resulting from the absence of work therapy and rehabilitation and costs for long-term care with the right help. But the key to successfully winning a rochester birth injury attorney injury lawsuit is having the best expert witnesses on your side.

They will review the evidence and offer a professional opinion as to whether a medical professional violated their duty of care by performing an action that could have resulted in an infant's injuries. They can simplify medical terms for a jury or judge to comprehend.

The expert witness's job is to offer an objective medical opinion that reflects the current knowledge as of the date of the event. This means that they should not omit any relevant information in order to form a view that is more favorable to either the plaintiff or the defendant.

Experts must also look over the relevant medical records as well as contemporaneous literature with sufficient thoroughness to allow them to form an informed opinion. In some instances experts may be required to provide an oath in the courtroom. These sessions can be daunting but are an important part of preparing an argument. Your attorney can assist you prepare for these sessions and ensure that you are treated fairly.